Harden Law Offices

104 Main Street, Lancaster, NH 03584 603.788.2080
15 Main Street, Littleton, NH 03561 603.444.2084
199 Heater Road, Lebanon, NH 03766 603.448.3737
www.dwilawyernh.net
info@lenharden.com

Friday, September 20, 2013

Consitution Quiz




Texas lawyer Gary Tricheter recently shared a Constitution quiz from the Washington Post.  I write to challenge you to take the Constitution Quiz.

Attorney Tricheter challenged all to remember Constitution day as it had come and gone, September 17 almost without notice.  I agree with his sentiment and echo his challenge.

Take the quiz.  As a defense lawyer who frequently cites, talks about and daily uses the Constitution it is important to remember the roots of the document the history behind it and how it affects our daily lives.
We the People need to be vigilant of our rights, system of governance and our freedoms.

.

Wednesday, September 11, 2013

McClellan: We're still conflicted on marijuana use

This story highlights how a hard-working guy can lose everything. It makes one question how much society is really benefiting by these draconian marijuana laws.

http://www.stltoday.com/news/local/metro/b45a5d60-3f52-5286-994a-05eabf80958d.html

Thursday, September 5, 2013

Have you visited Harden Law Office at the new Lancaster location at 104 Main Street?  Stop by to see the fantastic renovation project that is now complete!

Thursday, August 22, 2013

Leonard D. Harden: Ohio: Intoxilyzer 8000 is not admissible

Leonard D. Harden: Ohio: Intoxilyzer 8000 is not admissible: Ohio court has ruled that the intoxilyzer 8000 is not reliable and not admissible. This machine is made by CMI and is a  newer version of th...

Ohio: Intoxilyzer 8000 is not admissible

Ohio court has ruled that the intoxilyzer 8000 is not reliable me not admissible. This machine is made by CMI and is a  newer version of the intoxilyzer 5000-EN used in NH.
http://www.oacdl.org/aws/OACDL/pt/sd/news_article/79665/_PARENT/layout_details/false

Monday, June 24, 2013

Recording the Police

People frequently ask if they can record the police. Attached is a memo from the US attorney office saying citizens have a right to record police.


http://www.wired.com/images_blogs/threatlevel/2012/05/united_states_letter_re_photography_5_14_2012_0.pdf

Wednesday, June 12, 2013

State Labs

 This is the latest state lab with issues.  This issue is reoccurring across the country. It affects real people's lives. The findings should be based on science but increasingly the police bias has corrupted the results.

Massachusetts has charged a former criminal analyst Anne Dookhan with tampering with evidence. A second Massachusetts analyst Sonja Farak is being prosecuted for falsifying  evidence. Now Colorado is coming forward with issues.

There have been problems in Houston, San Francisco, Santa Clara, North Carolina (Duane Deaver), FBI, Connecticut, Indiana, Illinois, Michigan, Minnesota, New York, Oregon, Pennsylvania and Texas. 

A scientist should be independent of police agencies. In NH the forensic lab is run by the Department of Safety. The same department that contains the NH State Police and major crimes.

Labs and analysts need to be independent. As long as they are part of the prosecution team, justice will be denied. Liberty is too important to permit bias into the lab work.


http://kdvr.com/2013/06/09/report-former-state-crime-lab-supervisor-involved-in-possible-cover-up/

Tuesday, May 7, 2013

An article from WebMD..........

 

Roadside Breath Test for Drugs Could Be on Horizon


WebMD News from HealthDay
Motorists with sleep apnea were more likely to
By Robert Preidt
HealthDay Reporter
FRIDAY, April 26 (HealthDay News) -- A roadside breathalyzer test for marijuana, cocaine and other illegal drugs could be a step closer to reality, thanks to new research.
Using a commercially available breath sampler, Swedish scientists were able to identify 12 substances in the breath of at least 40 patients who had taken drugs in the previous 24 hours and were recovering at a drug-addiction emergency clinic.
The findings appear in the April 26 issue of the Journal of Breath Research.
The study is the first to detect alprazolam (the active ingredient in Xanax and other anti-anxiety drugs) and benzoylecgonine (a cocaine byproduct) in exhaled breath, according to a journal news release.
The study also confirmed previous findings that methadone, amphetamine, methamphetamine, cocaine, morphine, 6-acetylmorphine, tetrahydrocannabinol (THC, the active ingredient in marijuana), buprenorphine (a synthetic narcotic), diazepam (Valium is one brand) and oxazepam (a sedative) can be detected in a person's breath.
"Considering the samples were taken 24 hours after the intake of drugs, we were surprised to find that there was still high detectability for most drugs," study author Olof Beck, a professor at the Karolinska Institute in Stockholm, said in the news release.
"In cases of suspected driving under the influence of drugs, blood samples could be taken in parallel with breath when back at a police station," Beck said. "Future studies should therefore test the correlation between blood concentration of drugs of abuse and the concentrations in exhaled breath."
Currently, analysis of blood, urine and saliva samples is the most common method for detecting illegal drug use and is used by police in many countries. However, a breathalyzer test for drugs would be simpler, less invasive and easier to use in many locations, including roadside checks.
Exhaled breath contains micro-particles that carry certain substances picked up from the fluid lining the airway, according to the news release. Any compound that has been inhaled or is present in the body can contaminate this fluid and pass into the breath, where it can be detected.
In this study, the researchers used a Swedish-made device called SensAbues, which consists of a mouthpiece and a micro-particle filter. When a person breathes into the mouthpiece, saliva and large particles are separated from the micro-particles that need to be measured.
The micro-particles are deposited on a filter, which can then be sealed and stored until analysis is conducted using lab tests known as liquid chromatography and mass spectrometry.

Link to article

Saturday, April 6, 2013

Good people sometimes do stupid things and end up in seriuos trouble.

 A story in the NY Times tells the story of a professor who was lonely, lost and ended up in prison in Argentina.  The caption is "The Professor, the Bikini Model and the Suitcase full of trouble.  After reading this all you will be able to do is say wow



http://www.nytimes.com/2013/03/10/magazine/the-professor-the-bikini-model-and-the-suitcase-full-of-trouble.html?hpw&_r=1&



The war on drugs has been an enormous drain of resources and a waste of people's lives.  The Business Insider has declared the winner marijuana.  As public opinion continues to shift in favor of decriminalization sanity appears on the horizon.  There have been far to many people's lives shattered by overzealous enforcement of law.

http://www.businessinsider.com/war-on-drugs-marijuana-legalization-2013-4

Sunday, February 17, 2013

ALS Victory on Snow Machine





Case Name:
State v. Mark H.

Court Location:
NH Depart of  Motor Vehicle (DMV),  Department of Safety (DOS) Department of Hearings. 

Description:
DWI/ criminal law.

Administrative License Suspension (ALS) hearing at NH DMV. 

Snow machine involved in an accident and NH Fish and Game respond to scene.  Client is taken to hospital for treatment.  Fish and Game officer goes to hospital after investigation at the scene.  Client admits to operating ski-do and drinking before and after the accident.  Officer does not note slurred speech, odor of alcohol or any signs of impairment.  Client is also on IV with medications for pain management.

Client is alleged to have been drinking and refused a chemical test.

After a hearing at the DMV the hearings examiner finds that the state did not meet its burden to prove that client had been drinking at the time of the accident by even a preponderance of the evidence.

Client's wins and his license is restored.

Summary of Outcome:
ALS suspension is lift, license restored.

Date:
February 1, 2013

Type of Case:
DWI/ Criminal law/ Administrative hearing

Aggravated DWI BRAC .18 Not Guilty



Case Name:
State v. Walter B.

Court Location:
Grafton County Superior Court. 

Description:
Grafton County Superior Court charge of aggravated DWI with a breath test of 0.18 BRAC.  Client stopped for speeding, arresting officer claims he fails field sobriety tests and arrests.  Client agrees to take breath test.  Result of breath test on Intoxilyzer 5000 EN is a 0.18 Breath alcohol reading.

Client has chewing tobacco in his mouth at time of stop and drank while chewing tobacco was in his mouth.  There is a video that shows client attempting to remove the chew from his mouth at the time of the stop and during the 20 minute observation.  Police do restart the 20 minute observation but do not allow or ask him to rinse and clean out mouth.

Defense hires Mary McMurray a breath test expert from Wisconsin to testify that the chewing tobacco could contaminate the breath test making it unreliable scientifically.  Mary McMurray explains how chewing tobacco can contaminate the breath test and create a false positive reading.

State’s expert is Matthew Howe who opines that the chewing tobacco would not cause there to be any contamination or elevation of the breath reading.  Mr. Howe is cross examined vigorously and confronted with a learned treatise and concedes that he has never done any experiment involving a dosed subject and mouth contamination.

Jury finds client not guilty.

Summary of Outcome:
Not guilty of aggravated DWI.

Date:
February 6, 2013

Type of Case:
DWI/ criminal law.

Complete Victory, all charges not guilty and ALS win!





Case Name:
State v. Dorothy F.
Court Location:
Grafton County Superior Court, Littleton District Division and NH DMV.
Description:
Client initially charged with a DWI, and ALS refusal then disorderly conduct and reckless conduct.  We won the ALS as state was unable to prove impairment at time of driving.  The State then dropped the DWI and misdemeanor charges due to imminent failure in District Court. 
State threatened to bring felony reckless conduct if client refused to plead to a misdemeanor.  Client did refuse as she was looking at graduate school.  State obtained a felony reckless conduct indictment.
A Grafton County jury heard this case on February 13, 2013 and returned a not guilty verdict.
Facts were that a vehicle was found in middle of Route 142 with no hazards on at about 2:30 AM.  Client was located at her apartment about 4:30 AM.
Summary of Outcome:
Not guilty of all charges and ALS victory
Date:
February 13, 2013
Type of Case:
Criminal Law, DWI and Administrative License Suspension.