One aspect that is unique to felony DWIs from a regular DWI charge misdemeanor in New Hampshire is that if it is a serious bodily injury case and the bodily injury is to the driver, to the accused, it is trying to find out what medical records that are out there. One first step after an accident someone should take is to contact the hospital immediately, and object to the release of any medical record and force the prosecutor to subpoena them or get a warrant for them, just trying to make them work a little bit harder to find out what their injuries were to prove that aggravating factor that makes it a felony.
Felony DWIs can be complicated in New Hampshire, as they are a lot of unique components to a case. Therefore, if you are being charged with a felony DWI charge in New Hampshire, you should contact a New Hampshire DWI lawyer for assistance in building a solid defense based on the facts and circumstances of the case.
Serious Impact of a DWI
One factor that affects the jail time in a felony DWI case is any injury to the driver, into the client, or to someone else. If there is a hurt individual out there that is aiming for higher penalties, that can affect the type of offer a person receives, and can affect sentencing if the driver is convicted. A DWI lawyer also has to look at things like potential restitution issues.
With the injuries to the person, the DWI lawyer will review the medical records with an eye to potential challenges to the serious bodily injury part of the indictment. It is an element that they could potentially challenge if it is not obvious.
Difference to Misdemeanors
On a felony DWI, the case starts out in a district court, in the district in which the arrest happened, and the person would have an initial appearance, which is where the charge is read. Then, they will be scheduled for a probable cause hearing in the district court.
The district court judge would either find probable cause or not, but they usually find probable cause, particularly in felony DWI cases, and the case gets sent up to the superior court for indictment because it is a felony. A person is entitled to be indicted even though no one wants to be indicted by a grand jury when there is a felony charge.
Then, the case gets transferred to the superior court. The prosecutors will get an indictment for an aggravated DWI, and usually will add on other charges like Reckless Conduct and Second Degree Assault in order to try to jack up the potential consequences for the defendant. Drivers are often surprised that they can be charged for extra felonies for one single incident. Prosecutors can get grand jury indictments for whatever they can conjure though. In that case, the trial would be in front of a jury. Another way to get a felony DWI is if it is a fourth or subsequent offense, meaning the driver has three prior DWI convictions within the past 10 years preceding this current arrest. A lawyer New Hampshire is essential in dealing with the unique aspects of felony DWIs and any extraneous circumstances they have in their case.