What can I do in court about my DWI in NH?
Question Details: I was broken down on the side of the highway with what I thought was an over heated car but in actuality a cracked engine. My boyfriend who was driving left to get water for the radiator by foot. While waiting a state trooper pulled up and I told him of our car troubles. He inspected the car and then asked for my drivers license and registration. Then when he returned he had me to a sobriety test. I passed everything except lifting my leg due to shaking & stitches in my groin from recent surgery. He then arrested me for DWI. Also, the keys were on the passanger floor, not in ignition.
DUI / DWI Law Answers
You should have an attorney represent you for this, because it's possible that you could be found not guilty; you haven't mentioned in your question whether you took a breath test and, if so, what the result was. I'm not a New Hampshire attorney, and the law on what is enough to establish operation of the car, for DWI purposes, varies from one state to another, and this can be quite fact-sensitive.
If there was no chemical test and you didn't have alcohol on your breath, I'd say your chances are good. You'd want to provide some documents to prove the surgery (your discharge instructions would be ideal, since that has the date and probably talks about wound care), so you can explain the failure to pass that part of the field test.
Related DUI / DWI Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga77 Answers|Points 3800Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga77 Answers|Points 3800Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |