DerryNews.com, Derry, New Hampshire

Crime / Court

June 22, 2011

Police can impose DWI charge in many situations

I got pulled over for driving with my lights off. The officer asked me if I had been drinking and I told him I only had a couple, which was the truth. They had me get out of the car and do field sobriety tests. I passed, but they still took me in and made me do the Breathalyzer. I was not told what my BAC was. Can I get this entire thing dismissed?

New Hampshire police only need to have reasonable grounds to believe that a motor vehicle operator is driving under the influence of intoxicating liquor, narcotics or drugs in order to pull over a vehicle.

It does not take much to reach this legal threshold. Driving after dusk without the headlights on meets this standard. If you were given a breath test and failed, you should have been given a pink sheet of paper explaining the "administrative license suspension" procedure, but also specifying what the test result was.

If you were given a blood test, that takes time and you would get that later by mail. Finally, even if you were below the legal limit of 0.08, it is possible to convict on a DWI charge if the police have enough evidence of impairment. A motion to dismiss usually involves a detailed comparison of the facts of a motor vehicle stop with the applicable statute, regulations and case law.

So, based on the couple of lines in the question, there's no way in fairness to answer the question beyond this.

I submitted an application to set up an LLC and the Secretary of State rejected the name I picked. I went online and there is no other LLC or other business registration in the same name. There are a couple of businesses that are close, but they're not the same and they are in another part of the state. How can the Secretary of State be so arbitrary and what can I do?

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