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I do have a few followup questions. My son has hired a lawyer.

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I do have a few...
I do have a few followup questions. My son has hired a lawyer. The lawyer told him that he can't tell him what to plea. Also, the lawyer said that if my son pleads guilty then the results automatically go to Concord, NH Motor Vehicle and they decide if he will loose his license and they always decide that he will loose it for a year(even though it is 90 days to a year). The lawyer has no control over this but this makes no sense to me. it makes me think why did I hire a lawyer if he can't prevent him from loosing his license. My son's license is from NJ and he said that if his license is suspended it will only be in the state of NH and he can still drive in the other 49 states. Is this true?
His lawyer is going to try to get the charges dismissed because the cop was did make up a bogus reason for pulling them over but How do you prove that the officer lied. My son has perfect driving record and has never been in trouble with the law. Does any of this matter? Thanks
Submitted: 6 years ago.Category: Criminal Law
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Answered in 1 hour by:
12/3/2010
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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My son's license is from NJ and he said that if his license is suspended it will only be in the state of NH and he can still drive in the other 49 states. Is this true?

  • Each state reports into a national registry. So, if a person gets a ticket or license suspension in a state, it is reported into the registry. In turn, the other states honor those tickets and suspensions. Meaning, if a license is suspended in one state, it is suspended in all states.

 

 

His lawyer is going to try to get the charges dismissed because the cop was did make up a bogus reason for pulling them over but How do you prove that the officer lied.

  • That can be based on the testimony, discrepancies in testimony, other witnesses, credibility of the witnesses and any other evidence that is introduced. Candidly, if it comes down to just your son's word against the word of the officer, the judge will quite likely find in favor of the judge, so hopefully there's more.

 

 

My son has perfect driving record and has never been in trouble with the law. Does any of this matter?

  • Absolutely. When determining the outcome, not to mention the result of any motion hearings, the lack of a criminal history is certainly beneficial to the defendant.

 

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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Customer reply replied 6 years ago
I had mentioned that in NH that the DMV decides whether you loose your license or not. A friend of my son had similar charges a couple years ago. He went to court pled guilty & paid the fine of $300. Nothing was ever mnetioned about lose of license by the judge. Two weeks later he received a notice from NH DMV that his license was suspended in NH. He didn't have a lawyer. This kid also thought he couldn't drive in only in NH. Luckily, he wasn't stopped driving in other states but it was suspended for a year. My question is: Why doesn't the lawyer have a say in the outcome of whether my son looses his license or not or determine how long it is suspended? It seems it is always a year. I read the laws for NH and it is up to the judges discreation if a licence is suspended and how long but my son's lawyer said that motor vehicle decides and it is always a year. Can you clarify this? Thank you.
Criminal Lawyer: Joseph, Criminal Defense Lawyer replied 6 years ago

The problem is that neither the judge nor the attorney have any authority over DMV. Procedurally, your son's case will be resolved and notice will be sent to DMV of the conviction (if that is the result). In turn, DMV will issue the suspension. While this seems like it is part of the resolution of the case, it isn't. Rather, it is looked at as a corollary effect of the plea.

 

The net effect is that the suspension is up to DMV.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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