Serving DWI Defendants

Senators Joe Foster of Nashua, Jack Barnes of Raymond and Sheila Roberge of Bedford, and Representatives John Tholl of Whitefield and Maureen Mooney of Merrimack are co-sponsoring SB 333, which would require a judge to inquire of DWI defendants whether they were served alcohol at a restaurant or bar, and if so, the name and location of such establishment.  The court would be directed to transmit the information to the Liquor Commission, the Department of Justice, the

County

Attorney

, and the restaurant or bar in question.  NHLRA is very concerned about this legislation and doesn’t understand what the bill is trying to accomplish.  We will be talking with the sponsors of the bill next week to find out the purpose of the bill.  A public hearing is scheduled on Tuesday, February 7 at 2:00 pm in the Senate Judiciary Committee.

Comments

[Terry O'Brien]

I agree with Mr. Egelston - the liquor inspectors always seem to know about DWI stops and where the driver was allegedly served, but it is often incorrect. Take the instance of the Valdez captain, Hazelton - he was stopped for DWI in Conway and could only remember the name of the first place that he was served which had been several hours prior to his arrest.

I see no purpose in having this be a requirement question by the judge. The Liquor Commission is perfectly capable of determining the licensees that are overserving their patrons.

[Peter Egelston]

It seems to me that is it already standard procedure for police, when questioning a dwi suspect, to ask the individual where they had their last drink(s). I don't know if this information is passed along to the NHSLC or not, but here in Portsmouth, the PD has made it its practice to follow up with ominous and vaguely threatening letters to establishments that have been thus named.

I have a problem with this, since it is a clear violation of due process. Some drunk with a grudge can name any licensee he or she wants and get it into hot water. (That grudge, incidentally, may be aimed at an establishment that refused to serve the drunk in question. How's that for bitter irony!)