NH dwi case

[Janedel]

I have a final trial on Monday for my dwi case. I can't sleep and don't want to waist my lawyers time and my money by calling him.
Couple of questions. But first here is my story
I was in a four wheeling accident. I flipped my wheeler and got taken to the hospital.
Game warden show up 4 hours after and ask to take my blood. I refused
I was then arrested for a felony DWI.
days later I called my lawyer and we received the writen report from the game warden.
He states he over heard the hospital staff state my blood alcohol content was .13 and I had broken my collar bone. A nurse also went up to him and told him "she is DRUNK"
That was his probable cause for arresting me...will that fly in court?
He also did a felony level blood draw which is a search warrant for the blood samples the hospital took. My lawyer says I have a good chance of the blood getting thrown out due to 12 Supreme Court judges stating that felony level blood draws are unconstitutional.

My question is...is the game warden aloud to use probable cause from an eased dropped conversation?
Was the nurse in the wrong for telling him I was drunk?
Do you know anything about felony level blood draws in nh?

 

[OHRoadwarrior]

It appears all he needs to convict is the smell of alcohol, your refusal and the updated statute.

http://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-a-2.htm

265-A:2 Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration. –
I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or any combination of intoxicating liquor and controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive; or

 

[TigerD]

My lawyer says I have a good chance of the blood getting thrown out due to 12 Supreme Court judges stating that felony level blood draws are unconstitutional.

My question is...is the game warden aloud to use probable cause from an eased dropped conversation?
Was the nurse in the wrong for telling him I was drunk?
Do you know anything about felony level blood draws in nh?

Your attorney was probably referencing the McNeely decision. http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf
I'm not sure where 12 Supreme Court justices came from, but I'd chalk that up to miscommunication.

As for the questions:
The conversation plus his own observations and the accident could be enough for probable cause in NH. That is a question best directed at your attorney or a NH attorney. That said, having probable cause for a warrant and having a warrant are two different things.

In the wrong? How? Morally - maybe. Ethically - maybe. Legally - probably not.

Blood testing is essentially the same across the country. The science doesn't change in regards to arbitrary imaginary boundaries. McNeely will control the warrant issue. The science is fairly simple. Blood is drawn. That sample is tested in a gas chromatography machine. The sample is vaporized, separated, and quantified. It really is quite fascinating and opens up numerous avenues of attack for defense attorneys as it is a multi-step process with many opportunities to introduce error. But that level of attack is not cheap.

You should probably talk to your attorney for an update on the situation. He/she really is the best source for info on your case.

DC

 

[Ohiogal]

Your attorney was probably referencing the McNeely decision. http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf
I'm not sure where 12 Supreme Court justices came from, but I'd chalk that up to miscommunication.

As for the questions:
The conversation plus his own observations and the accident could be enough for probable cause in NH. That is a question best directed at your attorney or a NH attorney. That said, having probable cause for a warrant and having a warrant are two different things.

In the wrong? How? Morally - maybe. Ethically - maybe. Legally - probably not.

Blood testing is essentially the same across the country. The science doesn't change in regards to arbitrary imaginary boundaries. McNeely will control the warrant issue. The science is fairly simple. Blood is drawn. That sample is tested in a gas chromatography machine. The sample is vaporized, separated, and quantified. It really is quite fascinating and opens up numerous avenues of attack for defense attorneys as it is a multi-step process with many opportunities to introduce error. But that level of attack is not cheap.

You should probably talk to your attorney for an update on the situation. He/she really is the best source for info on your case.

DC

Re the bolded -- I blame the US educational system.

 

[Janedel]

Your attorney was probably referencing the McNeely decision. http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf
I'm not sure where 12 Supreme Court justices came from, but I'd chalk that up to miscommunication.

As for the questions:
The conversation plus his own observations and the accident could be enough for probable cause in NH. That is a question best directed at your attorney or a NH attorney. That said, having probable cause for a warrant and having a warrant are two different things.

In the wrong? How? Morally - maybe. Ethically - maybe. Legally - probably not.

Blood testing is essentially the same across the country. The science doesn't change in regards to arbitrary imaginary boundaries. McNeely will control the warrant issue. The science is fairly simple. Blood is drawn. That sample is tested in a gas chromatography machine. The sample is vaporized, separated, and quantified. It really is quite fascinating and opens up numerous avenues of attack for defense attorneys as it is a multi-step process with many opportunities to introduce error. But that level of attack is not cheap.

You should probably talk to your attorney for an update on the situation. He/she really is the best source for info on your case.

DC

It appears all he needs to convict is the smell of alcohol, your refusal and the updated statute.

http://www.gencourt.state.nh.us/rsa/html/xxi/265-a/265-a-2.htm

Forgt to mention that I had a trial with the DMV back in July. I won that trial due to the game warden not having foundation for the blood draw. My blood was thrown out and I was able to keep my license.

 

[Janedel]

Or lack thereof?

My lawyer is the best DWI attorney in NH. He stated numerous amounts of times "12 Supreme Court judges have ruled that felony blood draws are unconstitutional"

 

[OHRoadwarrior]

I suggest you stop drinking and driving. I also suggest you enroll in charm school. You appear to have sustained head damage in your accident.

 

[Janedel]

I suggest you stop drinking and driving. I also suggest you enroll in charm school. You appear to have sustained head damage in your accident.

Your uneducated comment is irrelevant to this topic and the questions I asked advise on.
Therefor I shall ignore your childish comment.
I love how you now think you are entitled to give medical readings.

 

[OHRoadwarrior]

Since the Magic 8 ball was out for calibration, I had to improvise.

Your uneducated comment is irrelevant to this topic and the questions I asked advise on.
Therefor I shall ignore your childish comment.
I love how you now think you are entitled to give medical readings.

 

[Ohiogal]

My lawyer is the best DWI attorney in NH. He stated numerous amounts of times "12 Supreme Court judges have ruled that felony blood draws are unconstitutional"

The Supreme Court of the US does NOT have 12 justices. So how could 12 have ruled that way?

 

[Janedel]

The Supreme Court of the US does NOT have 12 justices. So how could 12 have ruled that way?

Each state has a Supreme Court. There are 9 justices in the us supreme court. Like I have said before, I will ask my attorney when I see him at my trial exactly what he means.

Your question is irrelevant to the questions I had wrote to seek advice.

 

[Ohiogal]

Each state has a Supreme Court. There are 9 justices in the us supreme court. Like I have said before, I will ask my attorney when I see him at my trial exactly what he means.

Your question is irrelevant to the questions I had wrote to seek advice.

Ask your attorney. The brilliant attorney who apparently thinks that 12 justices ruled on this issue and that it supports you. Your attitude is relevant to the responses you get. I bet you are a mean drunk because you aren't exactly a sweetheart when you are in the position of requesting help.

 

[FlyingRon]

While every state has a "supreme" court, not every state calls it the "Supreme Court."

The NH Supreme Court only has five justices by the way, so you can't weasel out on that point either.

"I always thought there were 12 Supreme Court Judges, but now it seems there’s only nine. I don’t know if it’s a budget thing or not."