Harden Law Offices

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

Thursday, July 11, 2019

NH Rejects Attorney General for Supreme Court Justice

Image result for nh supreme court image

The Executive Council has refused to confirm Attorney General Gordon MacDonald as chief justice of the New Hampshire Supreme Court.  State Counsil Rejects Attorney General.

This is the first time in my memory that the Executive Counscil has refused to confirm a justice to the Supreme Court.  It is interesting that in this time of intense political bitterness how the norms of professionalism appear to have shifted.  The vote was 3-2 to deny along polical lines.  

In talking with a collegue who I disagree with politically, it strikes both of us how even state politics appears to be based on division and acrimony instead of getting solutions and creating consensus.

Hopefully, the judicial system is able to maintain its indepedence from the polics of the day.  These days it is important that we have a branch of government that is above the fray of public opinions.



Thursday, June 27, 2019

SCOTUS Affirms Blood Withdrawal from Unconcious Driver without Warrant

 Image result for US supreme court image

The United State Supreme Court affirms that police can order blood drawn from a suspect in a DWI case while the suspect is unconscious.  SCOTUS holds that state law assuming driver’s consent to blood test for alcohol/drugs - even with the driver unconscious - provides an adequate exception to the warrant requirement under the 4th amendment.

Mitchell v. Wisconsin June 27, 2019 



Monday, April 15, 2019

NH Replaced 1988 Breath Machines with Intoxilyzer 9000, State is Afraid to Provide Access and Training.

NH has a long history of working with CMI, Inc. the manufacturer of the Intoxilyzer breath machines. NH purchased 88 Intoxilyzers in 1988 for $480,280.  The average cost was a bit more than $5,000.  NH has used the Intoxilyzer 5000EN until this year including a long term profitable training and maintenance contract between CMI, Inc and NH. 

Two images below are of an Intoxilyzer 5000 EN one at the Colebrook Police Department and the other showing the EPROM on three chips from a training.  Historically, CMI, Inc. has steadfastly refused to sell their machines, t-shirts or even a baseball hat to a defense lawyer. I have tried.   I have been told by the company that they only sell to government entities and to facilitate work place compliance such as oil rigs and transportation companies.

Colebrook PD I5000 EN

EPROM on Three Chip I 5000 EN

Back in 2017 NH agreed to spend $994,620 to purchase 139 Intoxilyzer 9000s from CMI, Inc. These new machines cost slightly more than $7,000 each plus will have a long term training and maintenance cost.  This means that NH citizens will be paying over $1,000,000 to CMI, Inc. but will not be provided any details on the inner workings, algorithms, science or trainings.  There is littlet doubt that these new intoxilyzers were neede to replace the aging equipment that was used as late as December of 2018 to convict NH citizens accused of DWI.  However, it is important that in any government transaction that there be transparency and candidness.  As the official breath testing maching of NH the Intoxilyzer 9000's inner workings have remained hidden from scrutiny and shrouded in secrecy.

I 9000
I 9000 Inside
As a NH defense attorney that focuses on DWI defense I have requested that the state of NH order an Intoxilyzer 9000 for me and my expert.   It was our hope to conduct experiments and test the Intoxilyzer 900.  We offered to fully reimburse the state and CMI, Inc would make for any costs associated with the additional purchases.  The NH State Forensic Laboratory refused my request on behalf of CMI, Inc.  I also have requested that the NH State Lab provide training on the Intoxilyzer 9000 for defense lawyers and again offered to pay for any costs associated and promised not to speak unless spoken to.  As a member of the NH Association of Criminal Defense Lawyers I also sought a co-ordinated training program for all NH lawyers to participate.  Again the Lab refused.

Expecting NH and CMI, Inc. to resist providing company training I  have traveled around the country to take advanced training courses on breath testing devises including the Intoxilyzer 5000, 5000 EN, 8000 and most recently on the 9000.  It is with these courses that I was able to obtain training on the science and methodology used by the Intoxilyzer 9000. 

I remain committed to learning the science and the proper protocols that are required to produce reliable results.  The extensive training that I have taken helps me to understand how to best defend a person accused of DWI.  The machines used by our government and made by a for profit corporation are not perfect and in fact they do make mistakes.  It requires work to discover how the machines work but armed with the knowledge of the machines inner workings means that you need not accept the test results as a guilty finding.  If you are charged with a DWI based on the printout from an Intoxilyzer 9000 and have doubts about the validity of the result contact me so I can review your case.

Even though NH and CMI, Inc do not want to provide the details about the inner workings, protocols and coding used there are other sources to discover the truth about breath testing and how to properly challenge the results.  I have taken the time, spent the time and invested in learning how the Intoxilyzer works and more importantly how it fails.

I 9000 Breath Capture Tube
It remains one of my goals to understand the technology and learn its limitations at the highest levels.  I  will continue to demand that NH and CMI, Inc. remove the shroud of secrecy and allow for scientific testing to be conducted.  No matter how many bells or whistles are added to a breath testing devise it is clear that they are still only estimates of blood alcohol levels.

As with all breath testing the equipment is really making an estimate of blood alcohol using a breath sample that will always be a poor substitute for actually testing blood.


There are many different substances that can interfere with a breath sample reading for alcohol.  Additionally, changes in breath temperature, pressure and many other factors can affect the precision, reliability and accuracy of a breath alcohol reading used to estimate a blood alcohol concentration.




Sunday, March 31, 2019

Annulment of Criminal Record in NH


Annulment of Criminal Record in NH
NH Changed the Law on Annulment of Criminal Records Making it Easier to Restore Constitutional Rights

NH recently modified its annulment law, RSA 651:5, effective on January 1, 2019.  The intent of the change was to make is easier to annul a record of arrest for those who were wrongly arrested and charged.  Previously the law mandated that if an arrest prior to January 1, 2019 resulted in a finding of not guilty, dismissal or was not prosecuted, the Court may annul the arrest or record at its discretion.  Under the new law, however, offenses on or after January 1, 2019 resulting in not guilty findings, dismissal or those not prosecuted, an annulment shall be granted.
For those people whose arrests led to convictions, the law requires a person to remain conviction free for a specified period of time before they are eligible to annul the record of arrest and conviction. The time periods are the following:

1.       A violation with a conviction, one year, unless the underlying conviction was for an offense specified under the habitual offender law.

2.      For most class B misdemeanors, 2 years after the person has completed all the terms and conditions of the sentence.

3.      For most class A misdemeanors, excluding sexual assaults, 3 years. 

4.      For most class B felonies, excluding indecent exposure, lewdness or drug charges, 5 years. 

5.      For most class A felonies, except drug charges, 10 years. 

6.       For misdemeanor sexual assault under RSA 632-A:4, 10 years. 

7.      For felony indecent exposure or lewdness under RSA 645:1, II, 10 years. 

8.      For any misdemeanor where the victim was, at the time of the offense, a family or household member or intimate partner as those terms are defined in RSA 173-B:1, 3 years. 

9.      For a class A misdemeanor or felony offense under RSA 318-B:26, II, 2 years. 

Anyone who has been convicted of violent crime, felony obstruction of justice or any offense resulting in an extended term of imprisonment is prohibited from annulling their record. Violent crimes are defined as:  capital murder, first or second degree murder, manslaughter, class A felony negligent homicide under RSA 630, first degree assault under RSA 631:1, aggravated felonious sexual assault or felonious sexual assault under RSA 632-A,  kidnapping or criminal restraint under RSA 633, class A felony arson under RSA 634:1, robbery under RSA 636, incest under RSA 639:2, III, endangering the welfare of a child by solicitation under RSA 639:3, III, or any felonious child pornography offense under RSA 649-A.  
Those people seeking an annulment of their criminal record, may complete the application process by Petitioning for Annulment.  You can find a link for a Petition to Annul at the NH Court Website: https://www.courts.state.nh.us/forms/nhjb-2317-ds.pdf.  It is extremely important that the petitioner read over the form carefully and complete the application correctly.  If any error occurs, a person must wait 3 years before filing another petition.  Often times, people will seek out an experienced criminal law attorney to review their convictions and process the petition for them.  There are fees associated with petitioning for annulment.  First, there is a court filing fee of $125 for each court where there is a conviction.  Upon filing, the NH Department of Corrections will be ordered to conduct an investigation with a records check and submit it to the court.  The NH Department of Corrections charges a fee of $100.  After the annulment has been granted, the Department of Safety charges $100 to effectuate the annulment by deleting the computer records.

If you are embarrassed by mistakes made when younger, you may want to seek an annulment of a criminal record. The annulment may allow you to travel to Canada, restore rights to possess firearms, coach or chaperone children.  An annulment prevents a person who made a mistake from being labeled for life. This law helps restore citizens to enjoy their full constitutional rights. 

Len Harden is a local criminal defense lawyer who has been practicing law for over 25 years.  He has offices in Lancaster, Littleton and Lebanon and is frequently contacted by people looking to annul their records.  Harden will review each case to make sure a person qualifies and can assist you in completing the paperwork. You can reach him by calling 603-788-2080 or via his website www.LenHarden.com.