Explore our legal content, spanning diverse legal topics, court decisions, legislative changes, and expert analysis, as we bring you the pulse of the legal world in a succinct and informative format.
What is Implied Consent
NH RSA 265-A:4 provides that “any person operating a vehicle or an OHRV on a way, or a boat on public waters, is deemed to have given consent to a blood alcohol test or physical tests if that person has been arrested for an offense that arises out of acts the State alleges were committed while the person was operating under the influence of intoxicating liquor and/or drugs.” If the arrest is for a violation or a misdemeanor, the driver...Read More
Camp Lejeune Justice Act
After multiple years of litigation the Federal Camp Lejeune Justice Act (CLJA) has been signed into law. It allows injury claims to be filed with the US Navy (representing the US Marine Corp) for service men/woman, their families, and civilian employees, that were living, stationed, or working on base between 8/1/53 – 12/31/87. The individual must prove that they were physically on the property for 30 days or more in this timeframe, but those days do not have to be...Read More
What to Do if you Receive a Speeding Ticket ?
If you want to fight a speeding ticket on your own, you have that right. Be forewarned, however, that there is more to it than meets the untrained eye. New Hampshire has two types of speed limits: prima facia and unreasonable for the conditions. Each requires a unique defense strategy, and an understanding of what each charge entails. A prima facia or “presumed” speed limit means the posted speed limit is presumed to be the safest top speed. You may...Read More
Hand Info on Out of State Accidents
All auto accidents are scary — out-of-state ones maybe more. Rest assured virtually all auto insurance policies will cover you in every state, despite variations in insurance rules and state laws. Driving out of state for extended periods (i.e., beyond a few weeks) or moving to another state will require you to update your insurance or buy a new policy. If you purchased your state’s minimum allowable amount of insurance coverage but that amount is less than what is required...Read More
Succinct, Profound and Enduring
President Abraham Lincoln delivered his revered Gettysburg Address on November 19, 1863, at the dedication of the Gettysburg National Cemetery. Notably, he was not the keynote speaker scheduled that day. Preceding Lincoln’s address, renowned orator Edward Everett — an academic, politician, and diplomat — spoke eloquently for two hours. Lincoln delivered his 272-word address in two to three minutes, focusing on universal ideas of human equality, devotion, and sacrifice — nothing explicitly mentioning the Civil War. Afterward, an admiring Everett...Read More
What To Do If You Are Pulled Over For A DWI
If you are pulled over and an officer suspects that you are under the influence of alcohol or drugs you are likely to be asked a series of questions. The manner in which you respond to those questions may determine what steps the officer takes. Typically the first thing you will be asked is if you know why the officer pulled you over. The officer asks the question in part to see if you will admit to certain behavior. Be...Read More
Probate – Should You Avoid It When Possible
Probate is a legal process by which the court establishes the validity of a will; or if no Will, the heirs-at-law. The Court determines the value of the estate; resolves issues with payment of creditors, taxes, and other debts; disputes between the beneficiaries, and then orders distribution of the net assets. But it does have some drawbacks. Probate is a public process, so financial privacy goes out the window. Probate also usually lasts 6-12 months, due to certain Statute of...Read More
Everyone’s Terrible at Driving in the Snow … Except our Wonderful Readers, of Course !
Winter is here, just a little late this year with the snow. But it seems that no one can drive in even two inches of snow, so we’re hoping to change that with these important winter driving tips from AAA: • Take care of your car. This sounds basic, but it is one of the biggest factors in avoiding an accident. If you go into winter with a dying battery or bald tires, you’re asking for trouble. Who wants to...Read More
Access to the System — Contingency Fees
Those harmed by negligent parties should have legal representation to achieve fair compensation for their injuries. The Insurance Research Council has found that, on average, claimants represented by a personal injury attorney wind up with significant more compensation than those who aren’t represented. But some people are hesitant to contact a personal injury attorney because they can’t “afford attorney fees”. That’s where contingency fees come in. A contingency fee is an agreement whereby a personal injury attorney agrees to represent...Read More
A Crash with an Uninsured Driver
In a recent report from the Insurance Research Council found that 1 in 8 drivers in this country do not have auto insurance. If you are involved in a crash with the “1,” the ramifications can be substantial. Under NH law, even if the at-fault-driver has no insurance, your auto insurance will reimburse you for out-of-pocket medical bills, up to the Medical Payments (MedPay) portion of your policy, with typical limits of $1K, $5K, or $10K. In addition, all NH...Read More