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?
Anytime a newly proposed name could cause confusion, the Secretary of State is required to reject it. A name that is substantially similar or in the same general type of business will be red flagged.
So, for example, if you want to start blah consulting, and there's already a blah enterprises or a blah solutions, those names could be construed as being too similar. The descriptives are too general.
There's less difficulty where the descriptive words following the name are more specific. For example, suppose there is a blah paving LLC, and you want to register blah computers LLC. Here, we're dealing with two very different types of business endeavors and my educated guess is your name will fly.
Always have alternatives in mind. Your name may be overused. Just like naming a boat, think about your spouse or sweetheart, the kids or even the dog.
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Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to andrew@attorney-myers.com.
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