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Donald L. Blaszka

Donald Blaszka’s Answers

204 total


  • If I got arrested for a motor vehicle for not turning on my lights, will the state send a notice saying I will lose my license?

    I got arrested for not having my lights on and they found weed in my car .. I'm 17 years old ... Will they suspend my license after I go to court or would I get a notice from the state before my court date ?

    Donald’s Answer

    If you are 17 in NH, you are an adult for criminal law purposes. If you are convicted for possession of a controlled drug, you are facing a minimum fine of $350 plus $84 penalty assessment as well as a minimum suspension of your license for 90 days. The DMV can also suspend your license. You would not get a notice prior to a conviction. I suggest that you contact a NH criminal defense attorney to represent you in your case.

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  • My son was arrested for 1 gram of marijuana possession in New Hampshire. Should he get a lawyer or go to court on his own.

    My son was arrested for 1 gram of marijuana possession in New Hampshire which is still considered a misdemeanor in that state. He feels he can represent himself in court and hopes to get off with a fine and community service. I do not want this ...

    Donald’s Answer

    I highly recommend hiring an attorney to represent your son in court for this case. Your son is facing up to a year in jail and or $1,000 fine plus a 90 day loss of license if he is under 21 years of age. Many young people receive a lot of misinformation and or urban legends about how the court process works.

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  • If arrested and did not receive my rights. how do can i prove this ?

    got pulled over for suspended lic. and revoked plates. never got notifacation of this due to a move. but nothing was forwarded to my new address.

    Donald’s Answer

    In NH, you are required to notify the DMV of any address changes. You cannot simply notify the post office of your address change or forward your mail.

    The police do not have to read your Miranda rights to you when you are arrested. The police only have to read your Miranda rights to you if you are subject to custodial interrogation.

    In NH, under RSA 263:64, if the DMV records indicate that the notice of suspension was sent to the address listed at DMV and the mail was not returned, it is presumed that you received the notice. The prosecution does not have to prove that you knowingly drove while suspended since the offenses is a violation. You should hire an experienced NH criminal defense attorney to represent you in your case.

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  • Mall and trespassing

    of shopping malls, IF I was told to leave by security and I refuse, will they forcefully and physcially detain me till the police come?

    Donald’s Answer

    If you refuse to leave, the security will most likely simply call the police and detain you until the police arrive. If you are suspected of shoplifting, they can detain you until the police arrive as well. If you are told to leave the mall, you should just leave immediately.

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  • If the initial cuase for a stop resulting in a dui can be surpessed, can the resulting dui be dissmissed based on that?

    for example if the initial charge was running a stop sign but you can prove you didnt, then were charched with dui as aresult of the stop

    Donald’s Answer

    In NH, if a judge suppresses the stop of the motor vehicle, generally any and all evidence obtained by the police officer is also suppressed. The Defendant can then move to dismiss the complaint for DWI.

    The court's order granting suppression would not be relevant in the Administrative License Suspension hearing at the Bureau of Hearings regarding any violations of the implied consent law (refusing the post-arrest breath or blood test or having a test 0.08 over more).

    You should retain an experienced NH DWI attorney to represent you in your case.

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  • In the state of NH, what information can be given to the Selectmen about Domestic Violence incidents?

    A selectman often asks for details, and has been told that the information cannot be divulged about on-going investigations. Most rationale people would expect confidentiality to be observed by our policemen. Once arrested and found guilty as cha...

    Donald’s Answer

    Generally, in NH, if a person is arrested and later convicted of a criminal offense, it is a public record. However, if the person convicted was able to get the conviction annulled (or erased), then the conviction is no longer public record.

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  • Can girlfriend contact me once I got arrested for simple assult? She called. And they didn't read Miranda rights till booking

    Ok so I hit my girlfriend with a pillow and pushed her on the couch. Three counts of simple assault, misdemeanor A. He questioned me before he cuffed me. Took me to the station then read my Miranda rights. Well she's been non stop texting me how s...

    Donald’s Answer

    In New Hampshire, Simple Assault is a Class A Misdemeanor with a maximum penalty of 12 months in jail and or a $1,000 fine plus 24% penalty assessment. Do not admit to any crimes on the internet particularly this website. If your girlfriend is texting you and writing you letters, do not respond if your bail conditions include a "no contact" order. If you respond to her or speak with her, you could face additional charges and or the State could motion the court to revoke your bail.

    With regards to your Miranda question, the police officer does not have to read your Miranda rights to you unless you are subject to custodial interrogation. You need to retain an experienced NH criminal defense attorney to represent you in your case.

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  • RSA 651:5 Annulment of Criminal Records

    I have been convicted of DUI (misdemeanor B) and completed all of the requirements. I plan to file motion to downgrade it to a moving violation after 1 year. However, I am curious how the process of RSA 651:5 Annulment of Criminal Records works a...

    Donald’s Answer

    RSA 651:5 does apply to your case but you have to wait 10 years before you are eligible to file a petition to anull your DUI conviction in NH.

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  • My car was impounded and released after search warrant issued, how do I know if I'm facing charges?

    My car was towed and impounded due to a police officers request to search, which I denied. He said he smelt odors of marijuana, which I denied. I was not driving the vehicle but I am the owner of the vehicle. The car was then searched with a warra...

    Donald’s Answer

    I am not sure if the discovery of the pipes will come back on you but definitely the driver since the officer found the pipe on his person and arrested him.

    If the police are going to charge you with any offenses, they will obtain an arrest warrant and contact you.

    You should consult with and retain an experienced criminal attorney to discuss your legal situation.

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  • Suspended license from OUI in Ma. Residence is NH. Does NH offer a hardship license?

    Received CWOF on OUI, Speeding and leaving the seen of an accident. Doing 24D in Mass

    Donald’s Answer

    New Hampshire does not offer a hardship license.

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