Author Archives for Jonathan Cohen

Breathalyzer

What Happens If I Refuse To Blow, Or If I Blow Over?

October 14, 2016 2:07 pm Published by - Leave your thoughts

One of the most common questions people ask us is, “what happens if I refuse to blow when a police officer who is investigating a possible DWI asks me?” The short answer is, you will likely lose your privilege to drive regardless of the outcome of the DWI charge in Court. Every State has some version of an implied consent...




Two Wrongs Sometimes Makes a Right

September 2, 2016 10:46 am Published by - Leave your thoughts

Under NH law an innocent party may request a divorce decree based on the fault of another party for certain enumerated causes. If a fault based divorce is granted it can result in a distribution of assets that favors the innocent spouse. The most common cause of a fault divorce is adultery that is defined as voluntary sexual intercourse between...




They Didn’t Read Me My Rights!

August 2, 2016 2:35 pm Published by - Leave your thoughts

One of the complaints we hear most frequently from criminal clients is that the arresting officer didn’t read the client his rights. What does this mean and why does it matter? Generally speaking a citizen has a right against self-incrimination. This is protected by the Fifth Amendment to the United States Constitution and Part I, Article 15 of the NH...




When can you petition to annul a conviction in NH?

June 30, 2016 1:31 pm Published by - Leave your thoughts

RSA 651:5 sets forth the requirements for a petition to annul a prior conviction. Generally speaking one can petition for annulment of a class A felony 10 years after the end of their sentence, for a class B felony the waiting period is 5 years and for a class A, or B misdemeanor it is 3 years. If a sentence...




Protection for Out of State Medical Marijuana Patients

June 3, 2016 10:21 am Published by - Leave your thoughts

As of September of 2015 NH law provides limited protection for medical marijuana patients who are not NH residents, but travel through, or to New Hampshire. RSA 126-X:2 prohibits the arrest and prosecution of “qualifying patients” who possess two ounces or less of useable cannabis. To be a “qualifying patient” a person must either be a New Hampshire resident who...




Incarceration is Not Voluntary Underemployment

May 9, 2016 9:09 am Published by - Leave your thoughts

Under NH Law a child support order can be modified when a petition is filed three (3) years or more after the issuance of the order, or if there is a substantial change in circumstances that warrants modification of the order. In the latter circumstance a party can file anytime after the change of circumstance occurs. In the case of...




Cinderella LIcense

NH “Cinderella” License

January 8, 2016 11:22 am Published by - Leave your thoughts

A new law that took effect on January 1st now allows, for the first time in New Hampshire, a conditional license for those under suspension for a first offense Driving Under the Influence conviction. The law requires the defendant to serve no less than a 45 day loss of license before his license can be restored. The driver then must...




Taxes only matter when definite

November 25, 2015 10:23 am Published by - Leave your thoughts

Generally speaking NH judges have broad discretion to determine the value of marital property in a divorce proceeding. In the matter of the divorce of Diana and John Wolters, the NH Supreme Court addressed the issue of when a judge can reduce the value of a property based on the future tax liability the parties may incur when the property...




You can now preregister for a therapeutic cannabis card!

November 4, 2015 3:40 pm Published by - Leave your thoughts

The NH Department of Health and Human Services has allowed patients to submit applications to be pre-qualified for a Registry Identification Card that will allow the patient to obtain Therapeutic Cannabis. The cards will not be issued until cannabis dispensaries have opened which will likely be some time in 2016. Currently there are dispensaries planned for Merrimack, Plymouth, Dover and...




Bluetooth only cell phone use in NH as of July 1!

June 26, 2015 3:08 pm Published by - Leave your thoughts

As of July 1, 2015 it shall be a violation to use a cell phone while driving unless it is Bluetooth enabled, or a hands-free device that is integrated into the vehicle. RSA 265:79-c provides very few exceptions to this prohibition: (1) if the person is behind the wheel and the vehicle is pulled to the side of, or off...