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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was arrested last sunday for DUI second offense. My last

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I was arrested last sunday for DUI second offense. My last offense was 3 years ago. I pulled into a grocery store parking lot and pulled by the building to answer my phone and nipped the building slightly with my front left side no damage,it was raining out and I have damage to myleft arm due to a recent surgery so therefore had difficulties turning thewheel to the left to move into a parking spot. eye witness saw me hit the bldg and when I came out of the store I had the sobriety test and refused to blow. I arranged for my boyfriend to meet me in the parking lot and so I was not in my car at th time of the arrest. what am i looking at in court
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
Hello. Here are the penalties for a second offense DUI in New Hampshire:

New Hampshire DWI, 2nd Offense
RSA 265:82-bI (b) (I)

  • 2nd offense is for a second DWI arrest within a seven year period
  • Misdemeanor conviction.
  • Fine: $500-$1,000.
  • License revocation: 3 years
  • Jail sentence: Mandatory sentence of not less than 10 consecutive days, of which 3 consecutive 24-hour periods shall be served in the County House of Corrections and 7 consecutive 24-hour periods shall be served at the state-operated multiple offender intervention detention center program (basically inpatient alcohol treatment)
  • $950 for MOP costs.
Customer: replied 7 years ago.
Definite jail time? Would this be starting from the court date on Nov. 9th what is MOP cost. It said $750 fee on the paper work. what should i do? These things are only if I am convicted? should I hire a lawyer? I never blew and had 3 glasses of wine and was not in my car, I was going with my boyfriend because my sons car broke down and was coming with his friend to use my car because his had to be towed. I have the tow receipt. what info should i bring to court with me? if I plead not guilty will I have to go back to court at another time. would it be worh the money to hire a lawyer or would it do no good? I am a mother of3children and am having cancer treatments for the next 6months for melanoma.
Expert:  Hammer O'Justice replied 7 years ago.
The jail time and inpatient treatment (10 days total) is mandatory if you are convicted. You may have a chance at challenging the charge, since it is harder for the prosecution to prove a case without a BAC reading. It is not a perfect defense, since the fact that you crashed the car supports the fact that you were intoxicated, and I'm sure the officer made observations about your reactions and appearance that may support a conviction. But a lawyer would be your best chance to get acquitted.

On a second DUI, you should absolutely have a lawyer, particularly if you want to take the case to trial. Even if you ultimately decide to plead guilty, you will want the lawyer to negotiate on your behalf. The ten days is the minimum amount of jail time; the prosecution can push for more, and so it is best to have a lawyer advocating on your behalf. If you can't afford a lawyer, you may qualify for the services of the public defender.

If you plead not guilty, you will likely be given a different trial date to return to court. It is unlikely that you would be tried at your initial appearance.

If you plead guilty or are found guilty, the ten consecutive days must be completed within 21 days of conviction, so you could likely have a few days to get things in order before you have to serve your sentence.

The fee varies from county to county for MOP, so I would go with the amount that is listed on your paperwork as being the most accurate listing of the cost for your county.
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