The NH supreme court and the says “We have observed that: “Although a person’s mere presence in a high-crime area, even at a late hour, is not a sufficient basis, standing alone, to justify a brief investigatory detention, the hour and the character of the area may cast an individual’s own conduct in a more suspicious light.” State v. Vadnais. Thus, merely being present in a high crime area late at night may not be enough for the police to conduct an investigatory stop.
In February of 2015, the Supreme Court of New Hampshire (John Doe v. State of NH) ruled that the cumulative registry requirements of someone convicted prior to 1994 was and Ex Post Facto Law. Meaning that the changes and additional requirements to the sex offender registry over time caused the law to become punitive in nature. A person required to register for life and was convicted before 1994 has a right to a hearing to determine if they still pose a danger to the community and can request removal from the registry. The Supreme court failed to list a specific date when the law became punitive, however all the changes over time lead to the increased burden on people required to register. Therefore, depending on the specific time of the conviction and other factors post conviction someone required to register could file for a hearing even if convicted post 1994. Currently New Hampshire is attempting to legislate this matter under bill SB 468.
For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor. If the charge is for a class A, B, or C it would be a felony under Massachusetts law. Often times the Commonwealth will attempt to prove their case by circumstantial evidence like the quantity of illegal substance, and the discovery of items associated with distribution like bags, scales, and money.
If convicted of a first offense OUI in New Hampshire a person may be eligible for a limited driving privilege if they can show the following requirements:
(a) That the person must operate a motor vehicle as a requisite of the person’s occupation or employment.
(b) That the person must operate a motor vehicle to seek employment or to get to and from a place of employment.
(c) That the person must operate a motor vehicle to get to or from an alcohol or drug treatment or rehabilitation program.
(d) That the person or a member of the person’s immediate family requires medical treatment on a regular basis and the person must operate a motor vehicle in order that the treatment may be obtained.
(e) That the person must operate a motor vehicle to continue his or her education.
(f) That the person must operate a motor vehicle to attend job training.
As of January 2016 the new time frame for annulments are as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in subparagraphs (f) and (h), 2 years.
(c) For a class A misdemeanor except as provided in subparagraph (f), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
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Any driver or boater in the State of New Hampshire gives implied consent to submit to alcohol testing. Failure to perform the required tests results in a mandatory six month Administrative License Suspension from the NHDMV (ALS). You have a right to a hearing and the request must be made within twenty days of the refusal. The six month loss of license is in addition to any possible charges under RSA section 265 A:2. A:3.
NH has a great criminal annulment statute, as long as you meet the required period of good behavior for the type of crime committed: