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Nashua Legal Issues Blog

Understanding New Hampshire’s implied consent

Any time you face the law, it is important you understand your rights and obligations. Depending upon the state that you are in, these rights may vary, particularly when it comes to arresting procedures. If you face a DUI or DWI, there are things you should know.

New Hampshire has implied consent laws in place. Many drivers are not aware of these and what they mean for their driving future. Read on to learn what implied consent entails and your options during a DUI/DWI stop.

What is an aggravated DWI?

Just recently, a New Hampshire state trooper attempted to stop a car for lane control violations. It was a Saturday evening, just before midnight. Instead of pulling over, the driver led the trooper on a chase on Route 101. When the police finally apprehended him, without incident, they arrested him on multiple charges, including aggravated DWI, second offense DWI, reckless operation and more. 

What makes a DWI aggravated, and why does it matter?  

An alternative to co-parenting

During a high-conflict divorce, co-parenting might feel like a fantasy. Family courts want both parents involved in the children’s lives even though they may no longer be married. Co-parenting might be ideal, but there is an alternative. It is called parallel parenting, in which parents have very limited contact with each other. In parallel parenting, the parents disconnect from each other but not the children. Each parent abides by the parenting plan which they worked out before the finalization of the divorce. 

In parallel parenting, you may need to find a method of communication that does not involve children. You never want to rely on your children to relay messages to the other parent. Not only does this put the child in the middle, but children are notorious for forgetting or leaving information out. There are many online tools that provide structured communication between parents. 

Is co-parenting a good option for your post-divorce family?

Finding ways to parent with a divorced partner is not always easy, but you will have to deal with the other parent for the rest of your life. Co-parenting, or shared custody, is the best option, according to HelpGuide.org. Children whose divorced parents have a cooperative relationship are more secure and have better self-esteem. These children typically have good problem-solving skills because they have a healthy example to follow. 

How do you know if co-parenting is right for your situation? Here are some tips: 

  • Generally, co-parenting is not going to work when there is violence or abuse in the past relationship.
  • Can you and your ex stay kid-focused? Do you both want to make sure to put the children first?
  • Are you and the other parent willing to learn new ways to communicate and deal with problems?
  • Can you and the other parent be flexible in sharing time? Shared custody is not about 50-50 time, but about doing what is best for the children.
  • Can you recognize the challenge in co-parenting while remembering that you are doing it for your children? 

Transitioning to being a single parent

Your divorce might be finalized, but the emotions you are feeling may stay with you for a while. It can be scary to be single, responsible for all the bills and care of the children. What can you do to make the transition to single parenting less stressful? Here are some steps you can take to help adjust without a partner.  

 

What you need to understand about breath test accuracy

If you have been suspected of driving under the influence of alcohol, you have almost certainly faced a breath testing device at some point or another. Over the past half century, they have become almost ubiquitous symbols of law enforcement, and with the invention of the ignition interlock exchange, they are even being used to enforce drunk driving penalties in some areas. You would think that such an important law enforcement tool would be rigorously researched and designed to be as accurate as a blood test, or more so, based on the way they are relied upon, but that is not actually the case.

Auto-brewery syndrome explained

While most people in New Hampshire try not to drink too much alcohol before getting behind the wheel, some drivers have a more difficult time avoiding intoxication. A condition called auto-brewery syndrome causes drunkenness without any alcohol consumption. Patients with this condition have found themselves accused of drunk driving when they have not had a single drink. Understanding how the syndrome works can help drivers determine if they are at risk for being falsely accused of a DUI.

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Follender Law Offices, P.L.L.C.
127 Main Street
Suite 7
Nashua, NH 03060

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Fax: 603-882-4941
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