In NH, the minimum mandatory loss of license for a DWI, 2nd offense is 3 years. Therefore, if the court revoked your driver's license for 3 years, you do not have a right to early reinstatement. You must wait until the full 3 years is up, pay the reinstatement fee, obtain an SR-22 insurance certificate and have an ignition interlock device installed on your vehicle prior to the NH DMV reinstating your ddriver's license.
Your son should definitely consult with an experienced NH criminal defense attorney in your area. Possession of a Controlled Drug and Transportation of a Controlled Drug are both misdemeanors with penalties that include fines and license suspension if he pleads guilty or is found guilty after trial. Your son could also face loss of any Federal student financial aid if he plans on attending college after high school.
In NH, the rules of discovery are governed by the rules of the particular court that you are in. For example, there are rules in Family Court, District Court and Superior Court. If your case is a violation or misdemeanor in District Court, you can request what is referred to as "open file" discovery pursuant to NH District Court Rule 2.10. You can look up the court rules on the NH Judicial Branch website.
You should definitely consult an experienced criminal defense attorney who practices in that area of NH. When you consult with the attorney, he or she will be answer your questions and dispel any rumors, myths or urban legends that you may have been told about the NH judicial system.
In NH, if you are parked with the engine running and the lights on, you are considered to be "driving" for purposes of DUI because you have actual physical control of the vehicle.
If your BAC on the breath test was 0.09, you may have a chance to win your DUI case. You should contact an experienced DUI in NH to review your case. I am available at 603-434-4125 for a consultation.
In order to have the record of your DUI conviction annulled, you must wait the mandatory 10 years after the completion of your sentence. I would advise that you speak with an attorney prior to filing the petition to annul in order to make sure that you have met the required 10 years after conviction AND completion of your sentence which could include but not limited to fines, loss of license, etc.
Possession of Marijuana in NH can be charged as a Class A or Class B Misdemeanor depending on the case - the prosecutor has the discretion to amend the complaint level to as low as a violation level offense which is considered a non-criminal offense in NH.
Generally, you cannot simply use a written or audio recorded statement of a potential witness during a trial as evidence. The witness must testify during the hearing or trial in order for the evidence to be admissible. You should consult an experienced NH Criminal Defense Attorney regarding your case.
You were not on "NH probation" during the last 2 plus years. The clock for annulment calculations does not begin until the completion of your sentence. If you had a suspended fine or sentence or prohibition of returning to that store for a certain period of time, then the time period for annulment calculations did not begin on the day of your conviction. So if you had to be of good behavior for one or two years with a suspended fine, then you would not have been eligible for annulment three...