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NASCAR Fan in Legal Trouble After He Struck New Hampshire State Police Officer Three Times

LOUDON, N. H. _ A NASCAR fan is in some serious legal trouble after authorities say he struck a New Hampshire state police officer three times.

The trooper was attempting to stop a pickup truck following the completion of a weekend race at the New Hampshire Motor Speedway on Sunday evening.

Police records indicate 21-year-old Damian Biron of North Sutton, N. H., failed to stop and actually veered toward the trooper, who was trying to move out of the way. Another trooper near the entrance tried to get the vehicle to stop. The vehicle hit the trooper with the truck’s front grill. The trooper was hit two more times before the red truck sped away. It struck another vehicle as it left the scene.

The trooper, fortunately, wasn’t injured. Neither were the people in the other car. Authorities finally caught up with Biron, who had attempted to flee on foot.

But the driver is in a heap of trouble, ranging from DUI, felony reckless conduct and three counts of simple assault.

If you are facing similar issues, please contact a DUI attorney in New Hampshire. An attorney can help guide you through the legal process, especially if you’ve never been in trouble before.

In this case, Biron has more to worry about than the typical DWI or DUI arrest. He hit a law enforcement officer, which automatically trumps up charges against him.

But, in the case of an impaired driving arrest, the charges can add up quickly as well.

For example, if the driver refuses to take a Breathalyzer test, he or she will immediately lose driving privileges for 180 days. Just for refusing. And that refusal can be introduced in court as part of the state’s case against the driver.

In New Hampshire, which is an implied consent state, drivers have the right to refuse to take a breath test. But the consequence is they’ll have their license suspended.

Once the case heads to court the driver can expect more time to be added to the suspended driver’s license if found guilty of driving while under the influence of drugs or alcohol.

State law mandates that it’s illegal to operate a motor vehicle while under the influence of alcohol or any controlled drug. This includes prescription drugs, over-the-counter drugs, or any other chemical substance _ whether natural or synthetic _ that impairs a person’s ability to drive. It also forbids a combination of drugs and alcohol that impair the driver’s abilities.

If you are found guilty of driving under the influence in New Hampshire, a judge may send you to prison. But more likely, you’ll be ordered into a treatment program. In New Hampshire, this is called the Impaired Driver Care Management program.

Here, you’ll undergo an evaluation that can determine whether you have a substance abuse disorder and will have to complete the requirements of the court-ordered program before your driver’s license is reinstated. In New Hampshire, this can consist of participation in treatment, education and/or recovery support services, according to the state’s Health and Human Services department.

The state agency’s website says that when someone is convicted of an aggravated, second or subsequent offense within 10 years, a judge will sentence them to a minimum of a five-day sentence in the County House of Correction.

State laws allow a certain portion of the sentence _ depending on the severity of the offense _ to be suspended to encourage participation in the IDCMP.

The convicted person is required by state law to schedule a full substance use disorder evaluation. It must then be completed within 60 days of release from the county jail.

Those convicted of aggravated offenses, or second and subsequent offenses, must have a service plan. This plan may include a combination of treatment, education and/or recovery support services.

Anyone who does not comply with the program will have their driver’s license revoked and driving privileges until successful completion of the IDCMP.

Drunken driving is considered a serious offense in New Hampshire. It’s always best not to drink or take drugs and drive.

But if you do get pulled over, please consult with a New Hampshire DWI attorney.

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