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Ryan Lansing Russman
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Ryan Russman’s Answers

34 total

  • I was stopped for DWI while parked in break down lane in Rye,NH by state trooper around 6pm

    I have a prior DWI in NH in 2006. I just got my license back last year with a 5 year probation attached. I dont know what the means.

    Ryan’s Answer

    It means that should you submit to a breath tests and test over a .02 the DMV will take administrative action against your license.

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  • Dose a phone call from someone constitute probable cause in a dwi case for a pull over.

    can i sapena the police department for the record

    Ryan’s Answer

    Police are allowed to use information provided by anonymous and known calls to stop suspected dwi drivers. If the caller is anonymous then the information must be more specific but it can be used to be the basis for stop. As part of discovery you could ask for the 911 tape.

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  • If I decline a blood test verbally in the car.can I change my mind when I get back to the police station and get the blood test

    it was only about 25 minutes after the arrest.the officer also did not inform me that if I refuse the test that I would automatically lose my license.he informed me that if I declined the test that it could be a missable in a court of law.

    Ryan’s Answer

    In NH the officer must advise you of your Administrative Suspension Rights. Once they have reviewed those rights with you and you refuse the Courts have determined that you must immediately change your mind if you are to recant your prior refusal. A refusal before your ALS rights have been given can be challenged at a hearing. You must know that the officer has the right to determine what kind of test they wish to offer you.

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  • Im representing myself in my DWI case can i win.

    the officer only read to number 5 he didn't read me 6 which states if I declined a blood test I will automatically lose my license.I asked him twice what is the difference between picking and not taking the blood test.the officer replied it can be...

    Ryan’s Answer

    • Selected as best answer

    No lawyer can predict the future. So to forecast how you will do is impossible. Many lawyers offer free consultations and I would suggest meeting with a few. They may be able to give you some limited guidance on your case. Remember, the State will have a skilled prosecutor representing them. The prosecutor will know the rules of evidence, case law and court procedure all which will be used to persuade the Court that your are guilty of the alleged offense. It would be wise to consider having a skilled dwi lawyer on your side to create reasonable doubt.

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  • My daughter was arrested in NH for DUI but was asleep in the drivers seat with the keys on the passenger seat? Is this legal?

    She had been drinking. Blew a .10 at the police station. They never read her her miranda rights either. She was asleep in the car at the time when the cops knocked on the window and woke her up.

    Ryan’s Answer

    The police can arrest your daughter. However that is a far cry from obtaining a conviction. The case law on the question of "operation" looks at the question of whether the driver can exercise control over the car. There is also the question of whether the driver was using it as "shelter." A defense of her actions may be possible. To discuss her options please call.

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  • How long does NH have to indict on felony charges?

    Person was arrested on thief charges which would of been misdemeanor charge except he has a record of thief charges so they want to put it to a felony. Is there a time limit to indict?

    Ryan’s Answer

    State v. Hastings does give some guidance on this issue which set 90 days as a benchmark. While that case is no longer controlling it is a good place to start. Speedy indictment can be extended with a motion by the State seeking addional time.

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  • Can i be found guilty of driving without ever being caught driving the car

    my girlfriend said i took her car and reported it stolen.i was never stopped or seen in the car.im being charged with unathorized use and driving after suspension

    Ryan’s Answer

    The answer is, it depends. If the state can obtain enough circumstantial evidence to prove that you were operating the car in question then the fact that you were not caught in the driver seat may not have much meaning.

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  • Can a state trooper call me ask me questions and then use the conversation to arrest me if he never told Me he recorded me

    A state trooper called me today and accused me of commuting a crime and starting asking all kinds of information and questions. When I asked what it was for he said to ask a judge for your arrest warrent. When I asked him how he planned to do that...

    Ryan’s Answer

    As the only New Hampshire attorney to respond to this question I would advise you that any pre-arrest voluntary statement made on the phone or otherwise can be used against you. New Hampshire is a "one party" state meaning that the police can apply for a one party wire and record the information absent informing the other caller. Should you have any additional questions or concerns please call me at 603-772-3433

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  • Can an ALS decision be reduced, during plea negotiations

    I have been offered a plea from DWI to Negligent OP, 2 days before trial. Naturally the ALS hearing went in the states favor, so in the plea negotiation does the State ( or Police Dept ) prosecutor have the power to get the ALS decision reduced?

    Ryan’s Answer

    the prosecutor can withdraw ALS hearing result after a decision if the defendant pled guilty to a dwi charge.

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  • After convicted of DWI in NH, I was cited and released for driving on a suspended license.

    All of this happened over 8 years ago. My question is since I know longer live in the state and can't get back there for court, Can I do some type of plea by mail? Either way, if I plead guilty is there a mandatory jail sentence for this type of o...

    Ryan’s Answer

    Sadly, you cannot resolve this case by mail. You will need to contact the NH DMV and find out why your license is under suspension.

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