Legal Question in DUI Law in New Hampshire

Blood tests negative at hosp. where drawn

I am a MA resident who was involved in a taffic accident in NH on 2/8/02 where injury was involved, mostly to myself-whiplash and poss. compress vertabrea.

Charged w/ aggravated dwi and under NH law blood would have to be drawn from all parties due to bodily injury.

I know for a fact I am entitled to my own medical records and got a copy of the labs today which showed I was NOT intoxicated. Incendently, the police are not happy I have this document and are still charging me pending the states own blood test. Officer left hosp/ with viles of my blood (unsterile in my opinion_ I guess the NH dept of healt has to have a approved facility perform test, I think a state run hosp. is qualified and after asking police if they thought their results would be diff, they said yes

There are alot more fact in this casethat wont fit here, so if someone could contact me, I'd appreciate it


Asked on 2/20/02, 7:32 pm

1 Answer from Attorneys
James Fiorentini Fiorentini Law Office

Re: Blood tests negative at hosp. where drawn

Obviously you have a strong case for a not guilty, and the county attorney or police prosecutor may see it your way and throw the case out. Incidently, a closed head injury can often mimic the symptoms of being under the influence-- speech slurred, unsteady on feet etc.

But aggravated OUI in New Hampshire is a very serious crime. If you do not have a lawyer for this, you certainly should. Being innocent is a reason to get a lawyer, not a reason to try to defend yourself.

If we can assist you, do not hesitate to contact us.

Fiorentini Law Office, MA and NH

www.FiorentiniLaw.com

978 374-0596

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Answered on 2/20/02, 8:12 pm


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