Roy Weddleton
  Concord, NH 03301
(603) 228-1360 • roy@granitelaw.com

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Results for some of Attorney Weddleton's recent cases

CAMPER LEMON:
    
Recently a retired couple bought a non-motarized camper for over $20,000.  It had scores of problems from the beginning and in just a couple of months was leaking uncontrollably.  The dealer tried everything to fix the problems but it was just a "lemon".  Unfortunately, because it was not motorized it did not come under the State or Federal Lemon Law.  Eventually, the dealer wanted to ship the trailer back to the manufacturer and have it rebuilt but my clients had lost complete faith.

     I was called and realized that this type of problem would come under the Federal Moss-Magnusson Act.  I wrote a very detailed letter to the manufacturer outlining all the problems and that my clients were entitled to a complete refund of their purchase price plus my attorney's fees as provided for by the Moss-Magnusson Act. Within two weeks, clients had all their money back.
  
CANNOT ATTACH SOCIAL SECURITY AND PENSION BENEFITS


Elderly client finds himself in need of assisted living but lives in a mobile home that has a mortgage far in excess of the value.  Attorney Weddleton determined that the client's only income source was social security and a pension.  THOSE FUNDS MAY NOT BE ATTACHED UNDER FEDERAL LAW.  Consequently, client could simply not pay the mortgage and the bank's only recourse is to take back the mobile home and sell it for what they can.  Technically, he still owes the bank but they cannot take any of his income.


DWI FIRST OFFENSE DOWN TO RECKLESS DRIVING


Young client arrested for DWI first offense; she blows .08.  There is an error factor in the breathalyzer of .01 so she could have been .07 or .09. Because of this the Department of Motor Vehicles will not take her license but the State often goes forward with prosecution of a DWI.  Remember the standard is "impairment to any degree" not .08.

Attorney Weddleton was able to have the charged dropped to a reckless driving. She lost her license for 60 days but had no DWI conviction which would stay on her license for 10 years.

PATERNITY TESTING

Client was first charged with domestic violence by live-in girlfriend. Attorney Weddleton was able to show the court that the charges were not substantiated and did not rise to the level of domestic violence.

The couple had a child and now live-in girlfriend wanted child support. Attorney Weddleton recommended a paternity test be done . . . just in case.  Sure enough the result was that the father was NOT the father.

The good news, he does not have 18 years of child support he must pay but at the same time he does not have any rights to a son that he and his family bonded with over 2 years.

AVOIDING BANKRUPTCY

Client had substantial credit card bills that accrued while he was sick.  Only one of them was hounding him for payment.  Attorney Weddleton was able to get the company to accept one-half of the total in full settlement.  The other companies did not bring suit within the Statute of Limitations and the client is not obligated to pay them. If he does make any payment the Statute of Limitations will start all over.

DWI -- Not Guilty

A client was plowing his neighbor's driveway during a snow storm. The street was a short dead end in a private mobile home park. The issue was whether he was driving "upon a way." Although the statute defines "way" very broadly, and includes private roads, Attorney Weddleton was able to deduce certain specific facts that made this road not a "way."

The client prevailed at the Administrative License Suspension hearing of the Division of Motor Vehicles for failure to take a breathalyzer test. Frankly, it is difficult to prevail in a DWI but sometimes there are facts of a particular arrest that make it difficult for the State to convict. Remember, the State must prove BEYOND A REASONABLE DOUBT, that you were impaired while driving or attempting to drive upon a way.

DWI --  Who Was Driving This Car?

Recently two out of state residents were parked along Route 89. Both were out of the car when a State Trooper happened by. Eventually, the Trooper arrested the wife for DWI and the husband for assault and criminal threatening.

Attorney Weddleton was asked to represent both but that is a conflict of interest and he declined to represent the husband, referring him to another lawyer. The husband’s case was resolved by a negotiated plea a few weeks before the wife’s DWI trial. At trial, Mr. Weddleton did not contest that the wife was intoxicated and that she failed field sobriety tests.

The only issue presented was: Was she the driver?

The wife admitted twice that she was the driver. The husband said she was the driver and then he said she was not.

The admission by the wife was not sufficient to convict without some corroboration. The husband was not at trial. Attorney Weddleton pointed out that the Trooper did not check the ignition to see whose keys were in it nor did he check the front seat adjustment to see if the wife or husband was driving.

In short, the State failed to prove beyond a reasonable doubt that the wife was driving so the case was dismissed.

Client Comes in for Debt Help and Finds Out He has a Workers' Compensation Claim

A client came in because he owed a medical provider over $35,000 for treatment for which he had no health insurance. After discussing the matter, Attorney Weddleton thought there might be an issue of workers' compensation which had never been mentioned to the client by his employer.

Eventually, the matter was settled with the insurance carrier so that the client had sufficient funds to pay his medical and legal bills and not have a lien on his home.

Get Construction Contracts in Detail and in Writing

We helped a couple who contracted to have a home built. The contractor did sloppy work, did not have trained sub-contractors and the house was not completed even after seven sporadic months on the job. Clients withheld certain payments and fired the contractor. The contractor sued clients for over $40,000.

This matter went to mediation and the result was the clients paid the contractor just $12,500, which was still significantly less than the contract price.

Getting back Your Money

Client put down $1,000 to purchase a mobile home by private sale subject to financing. There was no written contract. Client could not get financing and asked for their money back but was ignored for months.

One phone call and one letter from the attorney and the full $1,000 was returned in cash.

A Lease and an Option are Different

Clients entered into lease for a home with an option to purchase. The agreement was drawn up by the landlord with no attorneys involved. Clients paid a deposit and then for 24 months $100 of their rent was credited to the purchase price. At the end of the option period (24 months) clients were unable to get FHA financing and subsequently were evicted. Landlord refused to return any money.

A lawsuit in district Court was commenced and the clients were awarded $3,400.

Caught Speeding From Out of State

An out of state client was caught speeding quite fast in a New Hampshire work zone. The client was given a must appear ticket and told by the officer he was going to lose his license.

Attorney Weddleton discovered some weaknesses in the Officer’s case and was able to negotiate a fine only with no loss of license which was acceptable to client.

No Matter How Wrong You Think It Is, You Must Respond to a Lawsuit

Client sued for $1 million dollars for renting to tenant who molested a young girl.

The client did not have to go to trial. The case was dismissed based on a detailed memorandum of law and the decision to dismiss was upheld by the New Hampshire Supreme Court.

Never Buy a Home With a Tenant

Client was selling house occupied by a tenant who promised to vacate when house sold. Of course, tenant did not vacate and buyer wanted to be compensated by seller for apartment rental and moving costs which were doubled.

The client agreed to pay one-half of the damages but the balance was determined to be the responsibility of the realtor.

Police Need a Legitimate Reason to Stop a Citizen

Client was arrested for DWI after an officer said he saw her coming from behind a closed shopping center and was suspicious. He did not witness any erratic driving.

Because the officer did not have cause to stop the client, the statements and the results of the field sobriety tests were suppressed and the case was dismissed.

Land Encumbered by an Easement

A client purchased land in Hawaii in order to grow coffee. After the purchase, the title company notified the buyer that they missed the fact that the access into the property was subject to other adjacent property owners being able to use that access to get to their property. They offered a settlement.

After analyzing the problem and coming up with a different method of valuation, the title company doubled their offer of settlement.

Justice From Predatory Lending

This is an African saying about returning a pig that is not fertile; it has no use.

A refugee from Africa could speak little English. She bought a car for significantly over the listed price and financed at 26% interest. She had lots of problems with the car and simply returned it to the dealer believing that she did not owe anymore. Hence, "the pig gives me no babies."

Well, she did owe $10,000 but the car was not worth half that.

It was determined that the transaction was fraught with mistakes and the dealer agreed to pay off the car entirely.

Builders Warrant Their Work to Subsequent Buyers

A couple was divorced for eight years and the ex-wife sold the former homestead. The new buyers lived in the home for almost three years and decided that the home was not constructed properly. They sued the seller and the seller’s ex-husband who had not lived in the home since 1992, claiming that he was a builder and, therefore, there was a breach of warranty.

After a three day jury trial, the jury returned in less than an hour for the ex-wife and ex-husband.

Company Lets Insurance Lapse and Employee Gets in an Accident

An employee of a local family owned business got in an motorcycle accident with the business truck. Unfortunately, the company’s insurance had lapsed for just a couple of months when this happened. The employee disappeared so the employer was sued on a theory of "respondeat superior" which holds employers libel for injuries caused by employees if they were doing the business of the employer.

The jury brought back a verdict in favor of the employer finding no liability on the part of the employer.

Contractor is Responsible for Details of the Contract

A couple hired a contractor to complete some home renovations with the promise it would be done in three weeks. Eight weeks later the house was in shambles and the work was not very well done. The couple fired the contractor but paid him the original agreed upon contract price.

The next day they got a hand-delivered bill for "extras." They refused to pay and were sued.

The judge ordered that the couple did not have to pay for the so-called extras.
If you have questions or want additional information,
call Attorney Weddleton at 603-228-1360 or e-mail him roy@granitelaw.com.
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