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 need to retain an attorney to represent you in your case. An attorney can assist you in helping you surrender yourself when the officer obtains the warrant. You should not speak with the police at this time until you speak with an attorney.
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.
If New Hampshire authorities placed a detainer on your husband for the warrant, then MA will notify NH in order for NH to pick him up. However, if a detainer has not been placed on him, then MA will release him. I would expect that NH has not placed a detainer on him because it is a misdemeanor unless it is a more serious misdemeanor offense.
I suggest contacting a local criminal defense attorney to represent your husband in his NH case which would include his surrender to the police...
Polygraph results are inadmissible during a criminal trial. Probable cause is a standard used by the police to obtain an arrest warrant or search warrant in a criminal proceeding. The police determine what course the investigation will take and if the prosecutor determined that alleged victim would not testify well during trial, then the suspect will not be prosecuted.
In New Hampshire, the prosecutor is allowed to amend the charge against you right up to your arraignment date as well as add any other criminal charges. You should retain an experienced criminal defense attorney to represent you in your case.