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 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
Look Out Below! Falling Merchandise
Shelves stacked to the rafters with merchandise is a common sight at big-box stores, retail stores, and some supermarkets. Stacking items, even heavy ones, is an acceptable and generally safe practice … when done correctly. Thousands of customers (and employees) are injured each year by falling merchandise; some have been killed. Here are a few examples of how things can go haywire: Poor stacking methods — e.g., stacking merchandise too high, placing a bigger item on top of a smaller...Read More
Custody (Parenting Time) and How It Can Be Divided
Parents involved in a divorce or parenting petition often have questions about custody issues, or parenting time. The questions generally concern what options are best in any given situation. This article summarizes the key points of the ways in which parenting time is divided. In New Hampshire the law is that there is a presumption that parenting time should be shared, in other words divided equally between the parents. In the past that equal division was called joint custody. It...Read More
Breath Test
An officer sometimes requests a Preliminary Breath Test, or PBT, during the course of a DWI investigation. If the officer makes such a request of the operator of a vehicle, it is normally roadside, after the driver has done the standardized field sobriety tests but before any arrest. Unlike the request for a breath test after an arrest, there is no written form for the driver to sign. The officer will make the request verbally. The officer must inform the...Read More
School Buses, Safety and Seat Belt Exclusion
The National Highway Traffic Safety Administration (NHTSA) establishes safety standards for school buses but does not have enforcement authority. It was only in 2015 that the NHTSA deemed three-point seat belts necessary on large school buses (those weighing 10,000 pounds or more). As of September 2022, eight states require seat belts, but most of them include a conspicuous loophole: If retrofitting costs cannot be accommodated by school budgets, no requirement. Retrofitting would cost approximately $10,000 (possibly more) per school bus....Read More
Pirates by Christopher J. Seufert, Esquire
If you remember my 9/2022 Article “a bag, a boat, and a block” you’ll remember the new moorings we installed in Portsmouth Harbor last summer. Quite an undertaking and we were very proud of our Yankee ingenuity. The #3 mooring was installed in the area called Little Harbor. It is a nice spot protected from all but northwesterly winds and we used it last summer on many weekends just to hang out if the outside seas were too rough to...Read More