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New Hampshire Gas Tax Increase Signed into Law

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The tax on gas and diesel fuel in the state of New Hampshire will increase by four cents starting July 1. The decision was made when Gov. Maggie Hassan signed off on a transportation-funding bill back on May 21 2014.
The tax increase is expected to raise an additional $30 million annually for infrastructure improvements.  These improvements will include such things as resurfacing and reconstruction of New Hampshire highways and interstates, including secondary roads and bridges.

The widening of Interstate 93 is one of the states top priorities with this new bill. Interstate 93 is a major trucking route for bringing goods and services into New Hampshire. It’s one of the economic lifelines in the state.

This is our first gas tax increase since 1991 and New Hampshire still boasts to lowest tax cost of the New England States. The Governor also assures that the increase is essential for the success of New Hampshire’s citizens and businesses.

If you need legal council in the state of New Hampshire don’t hesitate to give Peter McGrath and the experienced lawyers over at McGrath Family Law a call today!

New Hampshire Court allows “COPSLIE” License Plate

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Vanity plates are a way to show your personality on the road, but one New Hampshire gentleman may be taking it too far.
David Montenegro went to the Department of Motor Vehicles seeking a vanity plate reading “COPSLIE.” In a report by the New York Daily News, Montenegro states he wanted the wording to protest “government corruption.”

As far as the state of New Hampshire goes, vanity plates that a reasonable person would find offensive “to good taste” are prohibited. The law is vague, which is how Montenegro was able to bring his case to light.

State workers at the DMV initially denied Montenegro’s phrasing for the vanity plate. The New Hampshire Civil Liberties Union however claimed the New Hampshire law’s phrasing about the matter is “unconstitutionally vague” – and it gives the state workers too much of an opinion in the matter, since it’s up to them to decide if it’s “offensive to good taste.”

The matter of good taste is where the issue lies. What actually determines good taste? What would a reasonable person say is good taste, or what is offensive?

In the end, the Supreme Court (in a unanimous decision) decided the COPSLIE vanity plate was not against the law. They said that “state law does not define the phrase ‘offensive to good taste.’”

The court also wrote in its decision that the New Hampshire law also violates free speech rights.

NH Governor Looks to OK Cellphone Ban While Driving

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Texting, emailing, Googling, calling – New Hampshire residents do these things all the time, and sometimes behind the wheel. But, that looks likely to change with a signature from the Governor.
The New Hampshire Union Leader reports that Governor Maggie Hassan is likely to sign a bill that would ban the hand-held use of cellphones (or other electronic devices) while driving.

States like New Jersey, Maryland, Delaware and Connecticut have already banned hand-held cell phones behind the wheel.

New Hampshire drivers would be allowed to “use hands-free speaker phone, BlueTooth or on-board car phones.” But, under the bill young drivers will have a stricter set of laws.

Those drivers under the age of 18 won’t be allowed to use any device for any circumstance. The only exception? A 911 call. Delaware, Connecticut, Massachusetts, New Jersey, and Rhode Island also enforce stricter cell phone bans for young drivers. In total, 37 states already ban all cell phone use for new drivers.

The stats

Nationally, 3,360 deaths were the result of distracted driving in 2011. Between 2010 and 2013, distracted driving caused 124 deaths in the state of New Hampshire.

Currently, New Hampshire does have a ban on texting while driving. Even though the ban exists, it’s not enforced at the rate of offense.

But, don’t expect any changes in the immediate future. Because it takes time to educate drivers, the ban on hand-held devices wouldn’t be in effect until July of next year.

The Union Leader also points out that over the last three years, distracted driving is a factor in 27% of fatal accidents – and caused 116 deaths. So, it’s no surprise that the bill has a lot of support in the state.

The details:

Goes into effect: July 1, 205

First-time offender: Fine of $100

Second offense: Fine of $250

After 2nd offense: Fine of $500 each time, in effect for 2 years after your 2nd offense

Peter McGrath Represents Widow to Sue Over Husband’s Death

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This spring, Peter McGrath is representing Jane Kilmister, the widow of Brian Knox, 52, who was killed on site at a job in Newbury back in the summer of 2012.
Knox worked for Guillemette Tree Services of Andover, and was killed when a crane cable brushed a power line, shooting a current through the machine into a nearby wood-chipper. Knox was operating the wood-chipper, and was then taken to Concord Hospital. There he was pronounced dead on arrival, according to the Concord Monitor.

McGrath, speaking in a statement, said that although it was a terrible way to die, the accident could’ve been prevented. Those being sued include Guillemette, along with the state and Public Service of New Hampshire.

The details

The plaintiff contends that each organization failed to take the necessary precautions that could have prevented this fatal accident.  The suit was filed in March in Merrimack County Superior Court, alleging negligence against the Department of Transportation and the Public Service of New Hampshire.

The Concord Monitor reports that in the suit:

  • Guillemette and the DOT are negligent for not properly warning/supervising employees
  • the PSNH is negligent for leaving lines exposed and not installing more circuit breakers, which is a safety device

After the incident in 2012, Knox’s employer was fined $2,800 by the Occupational Health and Safety Administration, due to its failure to maintain a clear 10-foot distance around the power line.

Check back in the coming months to see how this case pans out.

South Carolina Juvenile Justice System

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If you are a youth in South Carolina it is important to understand how the juvenile justice system works across the state. The South Carolina Department of Juvenile Justice (DJJ) is responsible for the custody of juveniles after they are referred by law enforcement, a Circuit Solicitor, or a school. A juvenile might get put in a detention center, pending a hearing, for committing illegal activity. The Circuit Solicitor for the DJJ has the power to divert a juvenile to a community program or require the juvenile to make restitution for the offense. In addition, a case can proceed with prosecution or get dismissed altogether.

If a Solicitor chooses to prosecute, then the next stage involves a hearing in family court. At McGrath Law Firm we believe that juveniles could benefit from legal representation at this stage in the process. During the hearing, the court decides whether the juvenile is guilty or innocent and the judge generally orders psychological, social, and educational evaluations to be considered in the hearing. The evaluation is intended to help the judge know how to proceed with the case. If a juvenile is found to be delinquent, or guilty, then they may be put on probation or given a fixed amount of time in a holding unit. However, if a youth is given an indeterminate commitment then they will serve until they are twenty-one.

If you have already served time as a youth then you should know that in South Carolina, the public has very limited access to juvenile court records. Your record can be expunged, which means it will be completely destroyed and removed from the records, and from the system. If you do have your record expunged you are not required to report this to a school or potential employers.

A family court in South Carolina can help expunge your juvenile record. In order to qualify for expungement you must be at least eighteen years of age, have a prior adjudication for an offense that would require five years or more in prison if committed as an adult, must not be a violent crime, must have not been charged with any additional crimes, and must have completed full juvenile sentence. In order to file for expungement, an adult can send a petition to the local juvenile court that handled the case.

At McGrath Law Firm we have successfully defended youths who are being convicted of criminal charges. Our team can help you navigate the criminal justice system so that you receive a fair trial for your offenses. In addition it may be helpful to have a lawyer walk you through the expungement process. If you have more questions about the juvenile system or record expungement then you can contact McGrath Law Firm at 843-606-2755.

Things to Know Before Starting a Business

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You have a great idea. That unique thing that you know people want – nay – need, and you can provide it. For a better price, with better materials, using better processes, or all of the above. But the idea of “starting a business” sends you running for the hills, and browsing social media small business success stories is getting you nowhere.

Where do you even start? Some simple steps you can take without leaving your home:

1. Write a Business Plan. This is a living, breathing document that delineates your business objectives for the next 3-5 years. This document should describe your (future!) company, assess existing market conditions (who are your potential competitors and clients?), identify the structure of your business (will anyone work with and for you?), outline marketing strategies (how will you get the word out?), and most importantly, define your product. Your product, or service, will drive the success of your start-up, and your business plan will help focus your decisions. Your business plan will help ensure that 5 years from now when you are wildly successful, you remember what it is that made you successful.

 2. Choose a Location. Location is arguably the most fundamental decision in a business’ success. Will your business have a physical location, or will it live online?

 If you have a brick-and-mortar business, your location needs be central to your target market. Set up shop wherever your customers spend time. Make sure to cover all the little details like parking and rent. If your customers can’t get to your business, your business won’t have any customers.

If you have an online only business, make sure to budget for some techies. You’ll want to make sure you have a great website, and a team to make sure your customers can find your great website. It’s not as scary as it sounds, and there are plenty of resources out there for you. Just set realistic expectations and know that the mere act of making a website will not make your business an overnight success. Budgeting appropriately will put you one step ahead of the competition.

3. Contact McGrath Law Firm. There are a whole host of other details you need to cover in order to turn your idea into a business, many of which are details you won’t want to handle yourself. Details like loans, legal structure, taxes, business licenses and permits. Let us handle that for you. Here at the McGrath Law Firm, PA, we know what it takes to have success, and we want to be with you from the beginning.  Contact us at the McGrath Law Firm, PA at (843) 606-2755.