Q: Facing charges in NH for possession, DWI, and drug possession in a vehicle. Seeking help under Good Samaritan Law.
I'm facing charges in Londonderry, NH for possession of a controlled substance, DWI (2nd offense), and possession of drugs in a vehicle. I haven't consumed alcohol in over 15 years, and after the recent arrest, I entered treatment and have provided clean drug screens to the court. The charges stem from an incident where I used drugs in a gas station bathroom and then lost consciousness in my truck, without the keys in the ignition. The gas station employee called for emergency assistance, and police administered Narcan to revive me. I hadn't used drugs until arriving at the gas station, so I believe there should be no DWI charge since I wasn't driving under the influence. I'm concerned that my public defender is not advocating effectively for me. Shouldn't the Good Samaritan Law apply here, as I was receiving help and not driving?
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A:
The Good Samaritan Law in New Hampshire is designed to protect individuals from prosecution for certain drug-related offenses when they seek medical help for an overdose. However, it’s important to note that this law typically applies to individuals who are seeking assistance for themselves or others in the event of an overdose, not necessarily to individuals who are arrested for related offenses, such as DWI or possession. The law might not automatically shield you from charges like DWI, especially since you were still found to be in possession of drugs in your vehicle, even though you weren’t actively driving.
Regarding your DWI charge, since the keys were not in the ignition and you were not driving, there may be an argument that the DWI charge does not apply in your case. However, you will need to provide evidence that supports your claim that you were not operating the vehicle while impaired, which your attorney should pursue. Your clean drug screens and participation in treatment show a positive effort on your part, but these may not automatically negate the charges.
If you believe your public defender is not advocating effectively for you, you have the right to request a different attorney or seek private legal counsel. It’s essential that your legal representation fully understands the circumstances of your case and explores all possible defenses, including the argument that you were not driving under the influence at the time of your arrest.
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