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Nicholas Howie
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Nicholas Howie’s Answers

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  • What motion is best to file to have a component of the DWI sentence from June 1989 waived or amended or removed?

    In June 1989, I pled no contest to a DWI. At the time , i was a licensed driver in Florida and the driving privilege in NH was revoked. I see there are 3 motions that may be applicable: Motion to Amend Sentence; Motion to Reduce Sentence; or Motio...

    Nicholas’s Answer

    I am guessing your license has been suspended because of this and you may have a default warrant out.

    It is highly unlikely you can get CAIP waived. You will need to complete the new IDCMP program in order to be restored.

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  • Would the cost of appealing a CWOF for potentially faulty breathalyzer be worth it financially?

    According to reports on the myfoxboston.com website, there appears to be a potential issue with some breathalyzer results due to a certain cleaning solution being used which is resulting in improper results. I agreed to a CWOF in January of this y...

    Nicholas’s Answer

    I would need to see the police report. Then I could tell you your chances.

    Best of luck,

    Nick
    978-853-0982

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  • I got a dwi in nh but I have a ma license. I live and work in ma. Do I need a nh lawyer or can I use a ma one?

    I would like to know what type of lawyer I need for a dwi that I got in nh. I live and work in ma and I have a ma license.

    Nicholas’s Answer

    Or have someone licensed in both states.

    Best of luck

    Nicholas Howie
    Licensed in MA & NH

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  • I got pulled over in nh and got dwi. I've never done anything wrong in my entire life and I'm scared. I live in ma. What now?

    I would never do that again, i'm so embarrassed and so sorry. I need my license to go to work everyday because I support my household. I work in MA. I'm so afraid I will lose my license. This is my first ever, AND ONLY, offense. Will I be able to...

    Nicholas’s Answer

    You can not get a Cinderella license in this case. Mass will suspend your license if NH does as they have reciprocity. If you refused the BT or blew over an .08 you only have 30 days to appeal it you will lose your license for 6 months even if you beat the DWI. Hire a lawyer ASAP.

    Good Luck

    Nicholas Howie
    Licensed in MA & NH.

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  • Is a .07/.08 breathalizer of 0.7-0.8 grounds for an arrest when vehicle was parked?

    I soilled soup in my vehicle so i parked in a parking lot and the police showed up to do a check, proceeded to assume i had been under the influence and adminstered a breathalizer which came up .07/.08...they were unclear as to whch one it was.

    Nicholas’s Answer

    You need a lawyer. This is a case that should be won.

    Good luck

    Nick
    978-853-0982

    See question 
  • I got a cwof for 1st offense dui liquor. I went to get my license reinstated and they said it costs $1000. All the paperwork the

    RMV sent me stated it will cost $500. The hearings officer stated the other fee was a breathalyzer fee. All of my court fees were paid in full following my case. Is this fee new in the state of Massachusetts?

    Nicholas’s Answer

    No this not new, your license was suspended for either a refusal or a test over. Then you took the CWOF and a 45 day loss, essentially it is 2 suspensions and 2 restoration fees. Even if you never restored your license in between you still pay for both suspensions.

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  • DUI

    Pulled over and given tests.. taken to station.. attempted breath test however something was not operating PROPERLY when I attempted to blow twice.. Asked for an alternative blood test because of this and police refused, kept me for over 10 hours ...

    Nicholas’s Answer

    I think you asked this question before. Hire an attorney.

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  • DUI breath test

    If one was accused of DUI and the overall attempt to do breath test was difficult do to what appeared to be a faulty connection on the unit which frustrated officer then when request for an alternative due to this was denied by frustrated officer...

    Nicholas’s Answer

    There are several things you can do. First appeal the license to suspension, you only have 15 days to do this. Request the booking video, some departments only keep these for 30 days. Finally you can move to dismiss based on the violation of your speedy bail rights if you were held for 10 hours without bail.

    Good luck,

    Nick

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  • DUI Chemical Refusal Appeal

    Does the Officer that stated you refused have to be present at the RMV when you appeal? What about if the RMV denies and you appeal to the court?

    Nicholas’s Answer

    No the officer is not required to be present at your original hearing or if you appeal to the court. The only time he would be required to appear would be when litigating the underlying OUI. Your best bet to getting your license back is to win your OUI and motion the court for reinstatement of your license.

    Nicholas Howie
    978-853-0982
    Nhowieesq@hotmail.com

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  • DUI First offense....

    Can a good attorney possibly get a first time DUI offense dropped at a pre trial? If his client has no other history or charges?

    Nicholas’s Answer

    To properly answer this question I would need to see the police report to see if there are any motions to dismiss available. Good luck

    Nicholas Howie

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