Case Results

ROCKINGHAM COUNTY (November, 2022). Two DWI clients of Attorney O'Keefe had their administrative license suspensions withdrawn by the State. Each case was different, however, both cases involved some deficiencies in the DWI investigation that enabled us to secure ALS withdrawals. Why is this important? If you are arrested for DWI in New Hampshire, the court battle is only part of the equation. The police can choose whether they request a blood or breath sample from a suspect upon probable cause to arrest for DWI. If you refuse the requested chemical test, the DMV will suspend your license for 6 months for a 1st offense. The DMV will take the same action if you blow .09 or higher or provide a blood sample of .08 or higher. This license suspension runs consecutively with any court ordered license loss if one refuses chemical testing and concurrent with any court suspension if a chemical sample is provided. This is a significant license loss and there is no hardship or Cinderella license available for any ALS suspension. Sometimes, the ALS can be negotiated away and dismissed by the police. Other times, a DWI defense attorney has to represent the client at a DMV hearing to try to avoid that ALS suspension.

CONCORD, NH (November, 2022). Through excellent investigation, we were able to dismiss our client's habitual offender hearing. There are several ways one can be certified as a habitual offender in New Hampshire and perhaps the most common is three major motor vehicle convictions over a 5-year period. If certified, the driver loses their license for a minimum 1 year and a maximum of 4 years and operation during such suspension is a felony. We were able to uncover a rare court error from a previous case in which we did not represent this client and he rightfully maintained his driver's license.

BRENTWOOD DISTRICT COURT (November, 2022). We are very pleased that we were able to negotiate the dismissal of our client's 1st DWI and the mandatory 180 day DMV-ordered administrative license suspension through successful negotiation.

DOVER DISTRICT COURT (October, 2022). A second DWI conviction within 2 years of a first offense carries significant penalties in New Hampshire including a mandatory 30 days in jail, 3 year license loss, alcohol treatment, installation of an interlock device and $750 fine. This client avoided any jail time and we were able to cut the license loss in half.

Portsmouth District Court (October, 2022). Reckless Driving is a major motor vehicle offense in New Hampshire that carries a mandatory $620 fine after court fees and a 60 day loss of license. We were able to negotiate a plea to the lesser, non-major offense of negligent driving.

ROCKINGHAM SUPERIOR COURT (October, 2022). Our client had entered into a plea agreement with prior counsel that required a 12 month stand committed jail sentence. Through their own substantial efforts at rehabilitation while incarcerated and organizing community-based aftercare treatment, we were able to secure an early release and return the client to her family out of state. This client has truly turned their life around for the better and we appreciate the State acknowledging and rewarding this unique situation.

ROCKINGHAM SUPERIOR COURT (September, 2022). Our client entered into a diversion program which will ultimately end in dismissal of their case upon 12 months of compliance with prior treatment and community service.

ROCKINGHAM SUPERIOR COURT (September, 2022). The State nolle prossed (dismissed) a class A felony criminal mischief charge alleging vandalism in excess of $1,500. This took several months of negotiations and court dates and we are very pleased for our client and believe justice was served by that State ultimately exercising its discretion.

(DOVER, 2022) We are very pleased that our client's felony drug charge was dismissed in favor of a non-possessory misdemeanor offense. The client also avoided jail time and probation while maintaining employment and we wish them well.

September, 2021 (Brentwood District Court) - We are very pleased to have helped our client was able to avoid a criminal conviction and DWI conviction and minimize his license loss in order to continue his great efforts with his employer and family.

HAMPTON DISTRICT COURT (July, 2022). We are very pleased that we were able to negotiate a very favorable resolution that resulted in their DWI 1st being dismissed while they pled guilty to the lesser, non-criminal violation of reckless driving. The State also agreed to withdraw the DMV's administrative license suspension (ALS). ALS goes into effect 30 days from arrest on a 1st offense misdemeanor B DWI if one refuses a breath or blood test, provides a breath sample of over .08, a blood sample of .08 or higher, or .02 or more if you are under 21 years of age. Further, ALS suspensions run consecutively to any court ordered license suspension. It is important to understand this interplay when facing a DWI case in New Hampshire.

Portsmouth District Court (July, 2022). Our client was able to keep his license which in turn allowed him to keep his job which requires extensive auto travel. Pursuant to RSA 265:79, reckless driving in New Hampshire carries a mandatory $500 fine and 60 day license suspension so this negotiated resolution was appreciated and favorable.

HAMPTON DISTRICT COURT (June, 2022). New Hampshire law carries many mandatory minimum penalties for motor vehicle offenses. If one drives while under suspension for DWI, they are subject to a mandatory 7 day jail sentence, one year interlock ignition device installation, and an additional one year license suspension. We were able to negotiate a lesser charge for this client who avoided otherwise mandatory jail time and avoid a further license suspension.

We are very pleased that three different clients have recently had petitions to annul granted in Rockingham, Strafford, and Merrimack counties. Annulments are used to clean both arrests and convictions. One of our successful annulment petitions was granted after our client was acquitted by a jury in Merrimack Superior Court. It's important for everyone to know arrests and prosecutions do not completely disappear even if you are acquitted or the case is dismissed. The other clients were able to clear their previous convictions to improve their prospects for employment and education.

Hampton District Court (May, 2022). Our client avoided the significant mandatory minimum penalties if one is convicted of operating a motor vehicle during the pendency of a DWI license suspension. The minimum mandatory penalty includes 7 days in jail and an additional 12 month license revocation. This client is able to maintain her employment because the case was filed without a finding. What does that mean? It means the case is dismissed in 12 months so long as one does not commit a crime or major motor vehicle offense during the good behavior period.

Rochester District Court (March, 2021). We are very pleased that the motion to impose a suspended sentence previously filed has been withdrawn. The client will face no further incarceration or other sanction and has made tremendous strides to become successful in many areas of his life.

HAMPTON DISTRICT COURT (February, 2022) - We are very pleased that our client's reckless operation charge was dismissed and replaced with another non-criminal charge that allowed our client to avoid the mandatory minimum 60 day loss of license imposed if one is convicted of reckless operation.

HILLSBOROUGH COUNTY SUPERIOR COURT (SOUTH) (August, 2021)- In a perjury case involving thousands of pages of discovery and significant litigation, Attorneys James Reis and Kevin O'Keefe successfully argued for the exclusion of the vast majority of information contained in the police investigation. Left with little upon which to proceed, the State entered a nolle prosequi (dropped the charge), agreeing that it would be unable to prove its case beyond a reasonable doubt. Our client was overjoyed with the outcome.

Rockingham Superior Court (January, 2022). Attorney O'Keefe's client can maintain his new job, avoid jail time, probation, and fines while continuing his ongoing substance use disorder treatment after his felony drug charged was dismissed and replaced with the non-possessory misdemeanor charge of control of premises.

Order Granting Inventory Motion to Suppress Rockingham Superior Court (November, 2021). We are very happy that Attorney Reis's client prevailed in his motion to suppress unlawfully seized evidence. This case involved body camera footage, town meeting minutes, and excellent legal writing and advocacy to prevail on the issue of an unlawful inventory search which resulted in dismissal of the case.

DECEMBER, 2021 (Rochester District Court). We are very happy that Attorney Kevin O'Keefe's representation of a witness resulted in the outcome the person desired. Witness representation is very important because many witnesses need counsel to protect their rights and liabilities along with advocacy in court.

HAMPTON DISTRICT COURT (December, 2021) - Client's aggravated DWI charge was dismissed and a first offense DWI was substituted in its place. This saves the client from a mandatory 18 month loss of license, $750 fine, interlock installation, further obligations, and most importantly mandatory jail time which allowed him to retain his job.

ROCHESTER DISTRCIT COURT (December, 2021) - We are very pleased that our client avoided conviction through negotiation with the State after being accused of misdemeanor criminal mischief (property damage).

HAMPTON DISTRICT COURT (December, 2021) - We are very pleased that our client's misdemeanor conduct after an accident charge was filed without a finding conditioned upon six months' good behavior. This means that this charge is scheduled to be dismissed in six months. Good behavior is defined as not committing a felony, misdemeanor, or major motor vehicle violation during the six month period and no conviction is entered.

Merrimack County Superior Court (November, 2021) - We are thrilled that the advocacy of Christine List and Kevin O'Keefe resulted in the acquittal of our client. He stood accused of aggravated felonious sexual assault and felonious sexual assault. Attorney O'Keefe's jury selection and the closing argument by Attorney List were critical in client's result. The judge dismissed one case based on our research and the testimony at the close of the government's case. The jury found the client not guilty of the remaining charge in under one hour.

Here is the link to the WMUR news story: https://www.wmur.com/article/benjamin-baker-trial-11-4-2021/381

Rockingham Superior Court (August, 2021). This particular client made more progress with fewer resources than many we can recall. He pled guilty to a capped plea of 18-36 months in prison meaning that was the maximum possible penalty he could receive while arguing to remain free. This new parent who was recently promoted was represented by Attorney O'Keefe.

In the 10th Circuit Court-District Division-Hampton, our client's reckless operation was dismissed as he received a speeding ticket. This client avoided the 60 day mandatory license loss and major motor vehicle offense on their DMV record as they pursue their education at college this fall.

Laconia, NH: We are very pleased that our client's burglary charge was dismissed prior to trial. Further, our client avoided any jail time on multiple drug offenses. This client has had a remarkable turnaround due to his hard work and that of the staff here at Reis & O'Keefe (July, 2021).

AUGUST, 2021: 10th Circuit-District Division-Hampton: We are very pleased that our client's minor in possession of alcohol charge was dismissed. We appreciate the prosecutor's discretion and hard work of our client who will soon return to college.

Dover, NH: We are very happy that Attorney O'Keefe's client's misdemeanor charge was dismissed in exchange for a non-criminal violation. This client can continue their employment and education.

We are pleased that Attorney O'Keefe's client entered Drug Court to avoid jail or prison on five separate felony charges. This client continues his impressive recovery efforts and will remain at liberty to continue working and his recovery process (Laconia, NH).

NEWPORT DISTRICT DIVISION - We are very pleased that Attorney Reis successfully defended a stalking petition against his client by simply cross-examining the first witness. This led to a swift and just result for his client (April, 2021).

We are very pleased that the state dismissed felony drug possession charges against Attorney O'Keefe's client in Rockingham County. This case was scheduled to go to trial in April. Pre-trial litigation and prosecutorial discretion following negotiation resulted in the best possible result for this client (April, 2021).

April, 2021: We are pleased that our client can pursue a new employment opportunity after their petition to annul was promptly granted (Plymouth District Court).

CARROLL COUNTY SUPERIOR COURT: We are happy that our client's felony motor vehicle theft charge was dismissed by the state today. At the initial bail hearing, Attorney O'Keefe argued there was not probable cause to substantiate the charge and detain our client. While the judge ultimately decided there was probable cause at the initial hearing, Attorney Reis advocated for the ultimate and just result: a dismissal, which occurred today (March 19, 2021).

We are pleased that our client's transportation of alcohol case was dismissed conditioned upon community service and completion of an online alcohol class. This allows our client to continue their education without a conviction (Durham, NH).

We are pleased that a client of Attorney O'Keefe had his DWI charge dismissed as he pled guilty to the lesser violation-level offense of reckless operation in the Ossipee District Court. (January, 2021).

We are pleased to announce that Attorney Reis' client, who was originally charged with a DWI, was convicted of only a violation-level charge of Reckless Driving. In addition, the Administrative License Suspension that had been imposed for refusal to submit to a breath test, was dismissed. (August, 2020).

We are pleased that two charges of Theft by Deception that Attorney Reis' client faced were placed on file without any finding of guilt for a period of six months. This will allow our client to leave the matter behind and move on without the scar of a criminal conviction. (September, 2020).

We are pleased that two charges of Theft by Deception that Attorney Reis' client faced were placed on file without any finding of guilt for a period of six months. This will allow our client to leave the matter behind and move on without the scar of a criminal conviction. (September, 2020).

We are happy that our client's speeding over 25 mph and lane violation were dismissed and substituted for a non-moving infraction that allows our client to retain their license and avoid points on their DMV record.

October, 2020: We are pleased that the charge of domestic violence simple assault was placed on file without a finding conditioned upon one year good behavior. This means that our client's case is dismissed in 1 year provided the client is of good behavior. What does that mean? It means the client cannot commit a crime or major motor vehicle offense within that year.

We are pleased that our client in Concord District Court was able to maintain his employment because his charge of reckless operation was reduced to a speeding ticket. Thus, his license was not suspended for the mandatory 60 days required under the reckless operation statute.

We are pleased that our client's reckless operation was dismissed and the client avoided at least the minimum mandatory penalty for this major motor vehicle accusation, a $620 fine (including mandatory penalty assessment) and a 60 day loss of driver's license.

We are pleased that our client's reckless operation charge was dismissed in Hampton District Court. In New Hampshire, reckless operation carries a minimum mandatory 60-day license suspension and $620 fine.

Client was charged with reckless operation, which carries a mandatory $620 fine and 60 day loss of license. Client resolved this matter for a speeding ticket and no license loss after being clocked on radar driving over 100 mph.

In Strafford County, we are pleased that two young people, over 18, but under 21 have had their unlawful possession of alcohol cases dismissed and are on track to do great things with a clean record.

We are pleased that our client was able to avoid further incarceration and probation supervision in his drug case. The client will be able to continue his treatment despite a previously being sentenced to the state prison.

We are happy to announce that our client's felony A theft case was dismissed in Carroll Superior Court. The Client can continue his job and does not face the stress of a trial.

We are pleased that our client's two domestic violence simple assault charges were placed on file without a finding (no conviction was entered) conditioned upon 6 months good behavior (not committing a crime or major motor vehicle offense).

We are pleased that in December of 2019, after carefully examining the evidence in our client's case, we were able to determine that the individual captured in a surveillance video was not our client. As a result, the prosecutor dismissed our client's felony theft charge in Strafford County Superior Court.

Attorney Reis's client was charged with resisting arrest and disorderly conduct after visiting a Hampton Beach bar. We are pleased that both charges were dismissed prior to trial.

We are pleased that Attorney O'Keefe negotiated a dismissal of his Client's Class B felony negligent homicide charge. The Client agreed to instead plead guilty to a misdemeanor charge, serve 3 days in jail, and perform community service.

Attorney O'Keefe's Client was charged with felony receiving stolen property in the Rockingham County Superior Court. Through negotiation, the Client's felony charge was dismissed and the Client received a deferred jail sentence on a misdemeanor charge, conditioned upon performance of community service and good behavior.

Attorney O'Keefe's Client was charged with two Class A misdemeanors involving a car accident on Route 95 that resulted in property damage. We are pleased that one charge was dismissed and Attorney O'Keefe was able to negotiate a sentence on the other charge of a suspended fine conditioned upon payment of restitution.

We are very pleased that, after a bench trial, the Court found our Client not guilty of all three charges. Our Client was able to return home with a clean record.

We are pleased that, after filing a motion to preclude our Client’s statements pursuant to a Miranda violation, the Client will remain free, off probation, and have a misdemeanor rather than felony conviction.

We are very pleased that the Court granted our motion to suppress based upon an illegal pat-frisk and an unconstitutional expansion of the initial seizure. The charges were later dismissed as a result of the Court’s order.

We filed a motion to suppress the drugs arguing that the traffic stop was impermissibly expanded without reasonable suspicion. We are pleased that our Client was able to resolve their felony drug possession case as a misdemeanor without being placed in jail or on probation.

We are very pleased that, after selecting a jury and cross examining several of the prosecution’s witnesses, the prosecutor agreed to enter a nolle prosequi to all of the charges in exchange for a plea to one misdemeanor count of reckless conduct and one other unrelated charge that was scheduled for trial in the future. Our Client was able to avoid any incarceration.

We are very pleased that our Client’s charges were dismissed on the day of trial and he was eligible to annul the arrest immediately.

We are very pleased that, in this case that involved serious bodily injury, we were able to negotiate a First Offense DWI with only the minimum mandatory sentence. Our Client was able to avoid a felony conviction, placement on probation, and any incarceration.

We are very pleased that we were able to negotiate a First Offense DWI for a Client initially charged with Aggravated DWI. Through straightforward negotiation, we were able to ensure our Client did not face the Aggravated DWI mandatory minimums, including incarceration and an 18-month loss of license. The Client’s administrative license suspension was also withdrawn by agreement.

We are very pleased that after a great deal of investigation in the early stages of the case, we were able to convince the prosecutor to submit evidence of our Client’s claim of self-defense to the grand jury. Given the information presented, the grand jury declined to indict our Client, and the prosecutor entered a nolle prosequi.

We are pleased that the Court granted our motion to suppress based on an unlawful pat-frisk. Our Client’s charges were dismissed pursuant to the Court’s order.

We are very pleased that after trial, the jury found our Client not guilty of five of the six charges. On the remaining charge, the jury deadlocked, and the prosecutor decided to enter a nolle prosequi to the remaining charge. Our Client was able to return to life as it was before the allegations were made.