126 Perham Corner Rd. Lyndeborough, NH 03082

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Criminal Defense

Criminal Defense Attorney

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Criminal Defense
DUI-DWI-OUI
DUI-DWI-OUI

Criminal Defense

My criminal success record ranges from obtaining acquittals for my clients in murder and rape trials through wining dismissals of drug trafficking and DUI-DWI-OUI charges.

I was a member of the CJA Panel for the US District Court, District of NH, 2004-2010, qualified to represent criminal defendants in general and complex crimes.

I have also tried many domestic violence cases. In MA, they are called “209A” In NH, “DV,” under RSA 173-B. I have represented both women and men, and have both prosecuted and defended these cases, because it’s my job.

These cases are highly technical and can have devastating consequences in view of the federal prohibitions of possessing guns or ammunition. A finding of domestic abuse can result in employment termination. Last year, the New Hampshire Supreme Court reviewed and reversed a decision out of Manchester Family Division granting a RSA 173-B domestic violence abuse protection restraining order to a former spouse whose former husband texted her “Whatever. Wish you die in a fiery crash.”

The lower court found this sufficient to issue a final restraining order, considering the text criminal threatening, because, as an auto mechanic, he had worked on her car and knew where she lived.

The Supreme Court did not agree, holding that she had not proved that he sent the text with the purpose of terrorizing her. Nor did he ever threaten to tinker with her car or start a fire.

The text, although ill advised, was mere transitory anger, not a threat to commit a crime.

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DUI-DWI-OUI

I served as legal adviser for BADD, Bartenders Against Drunk Drivers.

I have defended taverns accused of overserving alcohol, as well as defended clients accused of driving impaired. I have represented my clients at license hearings at the NH Department of Motor Vehicles and at the MA Registry of Motor Vehicles.

I have represented underage college students accused of transporting and unlawful possession. With the legal age to drink still 21 in New Hampshire, underage high school and college students are being arrested and charged with “Unlawful Possession and Intoxication” pursuant to RSA 179:10. However, the State does not have to prove both unlawful possession and intoxication, just one. Also, the alcohol can be inside the student’s body, called “internal consumption.”

For this same offense, the State can also bring additional charges against the student pursuant to RSA 263:56-b and seek license suspension for “abuse of alcohol” even if the student wasn’t anywhere near an automobile.

Still more, some school student handbooks make internal possession an ethics violation and impose fines.

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