Merrimack, NH contains some of the nation’s most beautiful scenic roadways.
Ironically, Merrimack’s state highways are not just thoroughfares for travel—they are also home to some of the state’s largest liquor stores. Strategically located along major highways, these state-owned liquor outlets cater to both residents and out-of-state travelers, taking advantage of Merrimack’s lack of sales tax and competitive pricing. These stores have become a significant source of revenue for the state while providing convenient access to a wide variety of wines and spirits. Of course, the prominent placement of these liquor stores provides easy access to alcohol which oftentimes leads to impaired driving.
Naro Law offers legal representation to Merrimack, NH drivers facing charges for a number of DUI/DWI traffic violations, including Driving or Operating Under the Influence of Drugs or Liquor (DUI) and Driving While Intoxicated (DWI), reckless driving, and hit and run charges for leaving the scene of an accident. Our team also regularly provides support to individuals who are seeking driver’s license reinstatements after having lost their licenses due to past convictions for traffic violations. Merrimack, NH residents are welcome to give us a call to learn more.
Merrimack, NH is one of several states whose traffic laws incorporate terminology to prohibit both traditional “drunk” driving due to alcohol intoxication and motor vehicle operation impaired by other chemical substances. Generally speaking, when it comes to drafting laws whose major goal is prohibiting, and describing the penalties for, activities that are broadly considered to pose threats to public safety, most states’ legislatures aim to strike a balance between a specificity that will make it feasible for law enforcement officers in the field to readily recognize potential violations, as well as for courts to later parse carefully the validity of any charges filed, on the one hand, and a breadth that will encompass many possible variations, both familiar and novel, of the activities the laws are designed to address, on the other.
Merrimack, NH takes the comprehensive approach by making it illegal not only to drive, but to attempt to drive, any of several classes of personal and recreational motor vehicles, not only on state highways but on “any way,” while under the impairing influence of prescribed drugs, illicit drugs, over-the-counter medications, alcohol, or “any other chemical substance” whose effects impair driving ability, or (regardless of any observed symptoms of impairment) while the would-be driver or operator has a blood alcohol content (BAC) above the statutory limit (0.08 for most adult drivers, but special limits apply to drivers under 21 and to commercial operators). An experienced Merrimack, NH DUI/DWI lawyer may be in a position to help drivers understand how the language used in the state’s laws prohibiting chemically-impaired driving may impact their options for a legal defense against Merrimack, NH DWI charges.
In Merrimack, NH, the strategy with respect to identifying the conditions under which an otherwise licensed individual is not permitted to drive has been to describe both alcohol-induced and non-alcohol-induced chemical “impairment” – of a driver’s judgment, motor coordination, reflexes, and so on – and to outline provisions for addressing these various forms of impaired driving in tandem, based on factors such as the driver’s degree of impairment (as measured by any of several chemical and observational tests to which Merrimack, NH drivers are subject under RSA 265-A:4, which establishes the state’s “implied consent” law). The state then calibrates penalties for violations of Merrimack’s DWI and DUI laws according to two main factors:
Generally speaking, first offenses are penalized less harshly than later ones, with penalties escalating in severity in proportion to the number of prior convictions. The more serious each alleged violation is, the more severe the penalties entailed by a conviction. Both scales may be applied in the same case: An driver receiving his or her second conviction for a violation of RSA 265-A:3, Aggravated Driving While Intoxicated, can expect to be penalized more harshly than a driver receiving a first-time DWI conviction for the same offense. RSA 265-A:18 specifies that the driving history applies to convictions under both 265-A:3 and the less charge of Driving or Operating Under the Influence of Drugs or Liquor described in RSA 265-A:2; a previous conviction for a violation of 265-A:2 will count against the driver in sentencing for a new conviction for violation of 265-A:3, and vice versa.
Individuals charged with a violation of either of Merrimack’s DWI laws are very often charged with reckless driving as well, as it is not unusual for law enforcement officers to administer breath or field sobriety tests during reckless driving stops, and the officer will commonly proceed to make a DWI arrest if they detect evidence of chemical impairment. Offenses charged under RSA 265:79 depend on the definition of recklessness provided in the General Requirements of Culpability set out in RSA 626:2, II(c). In most cases, to meet the legal criteria for acting recklessly under Merrimack’s Criminal Code an individual must have been aware that their actions posed a “substantial and unjustifiable” risk to others, and must have proceeded to engage in the activity even though, given the information available to them, the individual was aware that their actions constituted a “gross deviation” from the way an ordinary person respecting the law would behave under the same set of circumstances.
There are numerous driving-related offenses that can potentially meet Merrimack’s standards for recklessness, with 265:79 explicitly mentioning street racing and speeding that exceeds 100mph, and many of them may often be associated with DUI, thanks to the fact that a driver whose judgment has been chemically impaired may be more likely to engage in activities that pose a high degree of risk (to themselves as well as to others). The chemical impairment of judgment is not considered exculpatory under RSA 626:2, as II(c) specifies that an individual who is unaware of the risk(s) posed by their actions due to voluntary intoxication is culpable just as if they were fully in command of their reasoning faculties; however, state prosecutors will generally still have to show that the individual charged with reckless driving had the information they would have needed to be aware that their actions posed a degree of risk that was both substantial and unjustifiable. An experienced Merrimack, NH criminal defense attorney with Naro Law may be able to help individuals charged with reckless driving to evaluate their options for defense based on the standard for acting recklessly set out in RSA 626:2, II(c).
Individuals charged with reckless driving in Merrimack, NH face serious consequences if they are convicted. RSA 265:79 establishes a minimum fine of $500 for first-time offenders, in addition to a penalty fee assessed under Merrimack’s Rules of Criminal Procedure. The amount of the fine increases with subsequent convictions. A conviction for reckless driving also comes with a revocation of the driver’s license, with a duration lasting anywhere from 60 days for a first offense to up to a year for a second conviction. Given the seriousness of the potential consequences, individuals faced with reckless driving charges in Merrimack, NH often prefer to work with an experienced criminal defense attorney as they consider how to proceed.
Although Merrimack, NH differs from many other states in not requiring all drivers to maintain auto liability insurance coverage, the state does still require drivers who are or may be liable for an accident to provide proof of “financial responsibility.” The procedures that may be involved when a driver needs to show proof of their ability to cover any predictable damages arising from an accident without insurance can sometimes be complicated, but one rule that applies to all drivers on Merrimack’s roads – regardless of insurance coverage – is the basic requirement to facilitate an orderly process for assessing fault and addressing any claims that may arise from an accident in which they were involved by stopping to provide others involved with, at minimum, their drivers’ license and contact information. Drivers who do have auto liability insurance are required to provide their policy information, and of course all drivers are expected to cooperate as well with any law enforcement personnel responding to the scene.
Merrimack, NH drivers’ obligations after a motor vehicle collision are described in RSA 264:25 and of course extend beyond simply stopping – but the initial stop is crucial to the rest of the process. Drivers who engage in “hit and run” behavior by failing to stop at the scene of an accident in which they are involved jeopardize this process, and those who are caught may face felony charges as a result. The language of 264:25 is relatively broad, encompassing any accident in which a driver knows “or should have known” themselves to be involved, so individuals accused of “hit and run” violations in Merrimack, NH may wish to review their cases with an attorney experienced in Merrimack, NH hit and run defense.
Any of the above violations, and several more, may carry a driver’s license suspension or revocation among their penalties. License suspensions and revocations can have far-reaching impacts on a driver’s day-to-day life – including but not limited to their ability to maintain employment, access medical care, and attend to their own and their loved ones’ basic needs. For these reasons, if your Merrimack, NH driver’s license has been suspended, or if you are facing the possibility of a license revocation anywhere in the state, you may want to consider speaking with an experienced Merrimack, NH attorney about your options for pursuing license reinstatement. While not always guaranteed, there are often several legal pathways to a possible reinstatement of Merrimack, NH driver’s license and associated privileges – many of which may not be familiar to the general public. An attorney who works with Merrimack, NH driving regulations and their associated penalties on a daily basis may be in a position to offer you both legal advice and practical guidance regarding the steps available in your situation.
Operating after suspension (OAS) is a charge that can arise easily in Merrimack, NH, even as a first offense, which is treated as a simple violation. Often, individuals are caught unaware due to missed notices in the mail regarding their license suspension. For the state to secure a conviction, it must prove that you were aware your license was suspended. However, a second offense could escalate to a misdemeanor, depending on the timing of your prior conviction.
If your suspension stems from a DWI conviction, the penalties are significantly harsher. Driving under suspension for a DWI is a misdemeanor, carrying a mandatory 7-day jail sentence (up to a year), an additional one-year license suspension, a mandatory fine, and the required installation of an ignition interlock device for one year upon license restoration.
Further, repeated motor vehicle violations can lead to a Habitual Offender designation if you accumulate as few as three major motor vehicle convictions within five years. Driving as a certified Habitual Offender while under suspension is a felony offense, carrying penalties of up to five years in prison. Given these severe consequences, it is critical to consider seeking experienced legal representation to navigate these complex charges.
Drivers facing criminal charges for Merrimack, NH traffic violations need to take the potential consequences of a conviction. Even the minimum penalties can in many cases have serious impacts on an individual’s future. If you or someone you care about has been charged with a traffic crime in Merrimack, NH, you may be able to gain perspective tailored to your unique situation by calling Naro Law to schedule a personal consultation.
