Donald L. Blaszka Jr.’s Answers

Donald L. Blaszka Jr.

Londonderry Criminal Defense Attorney.

Contributor Level 11
  1. Will my motions ever get approved for early reinstatement of drivers license even though my license was revoked for 3 years

    Answered about 2 years ago.

    1. Donald L. Blaszka Jr.
    2. Russell Stephen Pietryga
    2 lawyer answers

    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.

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  2. 18 YO son has upcoming initial court date for class a misd. marijuana poss. First offense. Do I retain an attorney now?

    Answered over 2 years ago.

    1. Donald L. Blaszka Jr.
    2. Jessica L. Burke
    2 lawyer answers

    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.

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  3. From home do you get your discovery from,the police department or thr prosecutor

    Answered 8 months ago.

    1. Donald L. Blaszka Jr.
    2. Malosack Berjis
    3. Thomas J. Wagner
    3 lawyer answers

    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.

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  4. A few specific questions about a class b for possession of marijuana?

    Answered 10 months ago.

    1. Donald L. Blaszka Jr.
    2. Vincent James Marconi Jr.
    2 lawyer answers

    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.

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  5. Can i beat an .09 on breatherlyzer in n.h.

    Answered almost 2 years ago.

    1. Donald L. Blaszka Jr.
    2. Edmund R. Folsom
    3. John Clayton Schleiffarth
    4. Charles K. Kenyon Jr.
    4 lawyer answers

    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.

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  6. I received a DUI 4 years ago in New Hampshire, Is it mandatory that I wait another 6 years before I can have it expunged?

    Answered about 3 years ago.

    1. Donald L. Blaszka Jr.
    2. Mark L. Stevens
    2 lawyer answers

    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.

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  7. Can a court change your charge from a class b misdemeanor to a class a before the arraignment? - Operating after suspension

    Answered about 1 month ago.

    1. Donald L. Blaszka Jr.
    2. Jay Scott Finnecy
    3. Jennifer J Wirsching
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  8. I was told I'm only getting a violation for possession of cannabis in NH; but our law states it's a class A misd.

    Answered 5 months ago.

    1. Donald L. Blaszka Jr.
    2. Raymond George Wigell
    2 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. Can I legally drink underage with a parent in accordance with federal law?

    Answered 6 months ago.

    1. Donald L. Blaszka Jr.
    2. Jennifer J Wirsching
    3. Peter Christian Komar
    3 lawyer answers

    Not in NH because you would violate NH state law.

    2 lawyers agreed with this answer

  10. Can I use recorded statements of witnesses of my statementsade directly after the arrest.

    Answered 8 months ago.

    1. Ian Robert Reardon
    2. Ryan W Cummings
    3. Donald L. Blaszka Jr.
    3 lawyer answers

    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.

    2 lawyers agreed with this answer