Tom was pulled over while driving home after having a few drinks with friends. He failed the field sobriety test and a breathalyzer indicated his blood alcohol content was above legal limits. During the subsequent search of his vehicle, the arresting officer discovered a small amount of marijuana. Tom was charged with DWI as well as Transportation of a Controlled Substance. In court the prosecutor offered him a plea deal which Tom gladly accepted. He paid his fines and made a promise to himself to stay out of trouble, which he did for the next four and a half years.

Then one day he was stopped for excessive speeding and cited for Reckless Operation. In court another prosecutor offered him a reduced fine in exchange for his guilty plea. Tom accepted the plea deal, not realizing this now makes him a registered Habitual Offender and, if cited again, he could serve a mandatory prison sentence.

Had Tom hired an attorney to assist him, his best interests would have been served, ensuring that he was aware of the consequences of his decision. With professional legal assistance it’s possible that the major offenses could have been negotiated, thus avoiding the Habitual Offender status.

In New Hampshire, an individual becomes a registered Habitual Offender upon conviction, within a five year period, for one of the following combinations of convictions:

• • Three major motor vehicle offenses
  • Two major and four minor motor vehicle offenses
  • One major and eight minor motor vehicle offenses
  • Twelve minor motor vehicle offenses

If you choose to forgo an attorney, it is important to ask the prosecutor for “discovery”, a term used to describe documentation of cumulative evidence the State has against you. This information must be presented upon request and will permit you to make an informed decision regarding any plea offering. You may also call an experienced criminal defense lawyer for preliminary advice to ensure that you are headed in the right direction.Remember, you have the right to an attorney as well as a trial. In cases involving Class A Misdemeanors or any other charge carrying a potential penalty of jail time, you have a right to an attorney at the expense of the state if you cannot afford to hire private counsel.

A plea deal may seem like the easiest option, but in the end it could be the worst.  The fine (if any) isn’t the only thing to be considered. A misdemeanor is a criminal offense, and as such, pleading guilty results in a criminal conviction on your record. This could cause you to be denied employment or financial aid for college.   It could also result in unknown consequences relating to your driving record or future criminal or motor vehicle charges.

Attorney Bob Hemeon offers over thirty years of legal experience with DWI and traffic violations. He is joined by Attorneys Allison Ambrose and Kathrine Lacey who together make up the Criminal Defense team of Wescott Law.