Showing posts with label rip off. Show all posts
Showing posts with label rip off. Show all posts

Amethyst Foundation, Inc.'s 2010 IRS Form 990 -- More of the $ame

I've previously posted on the outrageous amount of money Amethyst Foundation, Inc., brings in, all tax-free.

Well, their IRS Form 990 for 2010 is now available and shows more of the same:
  • a whopping total revenue of $1,165,753.00, of which $1,161,774.00 is entirely program service revenue from the state.
And, apparently, Amethyst Foundation, Inc., operated in the red last year, with expenses of $1,185,201, including:
  • $557,353 in wages (!)  Really?
  • $76,623 for Director Bob Kelley's salary
  • $35,476 for office supplies (!!)  I saw one old HP inkjet printer when I was there.
  •  $109,868 for "all other expenses." 
And if you buy that, I have some swampland in Florida I'd like to sell you.

Naturally Incapable of Rigorous Honesty and Suffering From Grave Emotional and Mental Disorders


Every AA meeting opens up with this prayer:
Rarely have we seen a person fail who has thoroughly followed our path. Those who do not recover are people who cannot or will not completely give themselves to this simple program, usually men and women who are constitutionally incapable of being honest with themselves. There are such unfortunates. They are not at fault; they seem to have been born that way. There are naturally incapable of grasping and developing a manner of living which demands rigorous honesty. Their chances are less than average. There are those, too, who suffer from grave emotional and mental disorders, but many of them do recover if they have the capacity to be honest.
If you have any independent thought, you will soon grow extremely tired of its astounding degree of condescension, blaming, arrogance, and shockingly blatant effort at manipulation.

"Rarely have they seen a person fail who has thoroughly followed our path"

Wow.  It sounds like AA is very effective!  This is a lie.  Even AA admits it.  They qualify this statement by "thoroughly."  If it doesn't work for you, it's your fault--you didn't follow their (simple) path thoroughly enough.  It's your fault!  You can't even follow a simple program!!

The truth is that people who quit on their own have an equal, if not higher, success rate than those that follow AA's path.  The problem isn't with the person, it's with the program.  AA simultaneously falsely legitimizes itself as effective when it is not, and then bashes the poor alcoholic when AA doesn't work for him/her.  Charming.

"Men and women who are constitutionally incapable of being honest with themselves.  There are such unfortunates."

This is perhaps the most condescending statement I've heard anyone utter.  The idea that a group of deluded, unthinking, unquestioning sheep could know myself better than I do is outrageous.  They can't even accurately assess their own lives or critically assess the AA program.  They unquestioningly accept what Bill W. says as the truth.  If they are unable to question themselves critically, they are in no position to do so to me.  But they do, and take pity on me as a hopeless case...an "unfortunate" who they turn their backs on.

People who fail are either:

"naturally incapable of grasping and developing a manner of living which demands rigorous honesty"

I always snorted when someone said this.  If AA members lived in a manner demanding rigorous honesty they would realize:
  • that AA has been repeatedly shown, using rigorous double-blind, placebo-controlled trials, to be utterly ineffective in achieving sobriety.  The likelihood of success is just as high in those that stop drinking on their own.  One major study showed that people who attend AA are 9-times more likely to binge drink, compared with those who do Rational Emotive Behavioral Therapy (REBT).  Even AA's triennial survey admitted to the ineffectiveness of its program.  But AA members reject these pieces of evidence.  They are in a constant state of denial, which is ironic because that's how they dismiss others (like myself) who disagree with them. 
  • that the evidence for a Christian God, which is what AA is based on, is nonexistent.  Combine this with the many suspect, self serving reasons to believe in such a god (fear of death, fear of others unlike us, fear of change, selfloathing, etc...), and all this god talk begins to sound like a type of psychosis.  I heard many testimonies about personal visits and conversations from God by people in AA meetings.  I was scared that such delusional people were, not just walking the streets, but approved of by society.
  • they are, in no way, superior to me in being capable of being honest with myself. Not only am I incapable of being rigorously honest, but I'm naturally incapable of even grasping it!  I was evidently born defective mentally, and cannot operate at the high plane of mental functioning that average AA members are able.  And even more, I'm so stunted intellectually and/or morally that I'm incapable of realizing it!
  • they were wasting half their lives at AA meetings in dark damp church basements where all anyone ever talks about is how great the program is, how close to death they were, and how they would be dead if it weren't for AA.  Say it enough times, and people will believe it, maybe, is what they are shooting for.  This is also called "brainwashing."  Look into it.

 "suffer from grave emotional and mental disorders"

I guess my doctors are all incompetent.  I must be bipolar or schizophrenic and they missed it.  Maybe I should trust AA instead of them, especially since they're so rigorously honest, unlike my physicians.

"many of them do recover if they have the capacity to be honest."

So all you have to do to succeed at AA is have the capability of being honest.  I guess "honest" really in the language that AA uses means "gullible."  It certainly doesn't mean believing the truth.  It means believing the lies that AA tells you, and then spouting off constantly about how wonderfully it works.

This mean-spirited, "kick 'em when their down," attitude is common to christian fundamentalists.  It's not the version of Christianity taught in the older, more traditional forms of Catholicism, Protestantism, or other religions.  The christian "born again" fundamentalists are a sick, twisted, selfish, and hateful lot.

I don't know which is more shocking to me:  that society has such a beneficent view of the AA, or that people in AA can be such gullible idiots.  Society doesn't really know that much about AA.  Most people only know of someone who has gone to meetings.  If they had gone themselves, or have read the lunatic rantings of Bill W. in the "Big Book" that is read like scripture in every meeting and followed with blind obedience, I'm sure they would think differently.

The sad fact of the matter is that there are many people truly helpless at the hands of alcohol.  They are decent people who, for some reason, cannot stop drinking.  They are suckered into the scam that AA will save them, if only they are subservient enough and give up all critical reasoning ability.  Why trust medical researchers and physicians, when you can trust a former drunk's uncritical, uneducated religious rantings in the basement of a church?  The fact that AA preys on these, the real "unfortunates," is the worst aspect of this entire sham. 

Your W/IDIP Intake Interview: Welcome My Son, Welcome To The Machine.

Your W/IDIP Intake Interview

What happens at your intake interview is dictated by He-A 707.10:
 He-A 707.10  IDIP and WIDIP Intake Interview.

      (a)  There shall be an initial one-on-one intake interview between the client and a NH LADC, or an IDIP or WIDIP staff member under LADC supervision.

      (b)  The intake interview shall take place prior to, and separate from, course sessions.

      (c)  The intake interview shall include the following steps:

(1)  Each client shall provide the IDIP or WIDIP with the documents required pursuant to He-A 704.04;

(2)  The client shall complete the DRI-II and the RIASI diagnostic instruments;

(3)  The LADC shall complete Form IDIP-011, client profile, by including the following printed or typewritten information:

a.  The facility code;

b.  The section where the client is assigned;

c.  The last four digits of the client’s Social Security number;

d.  The client’s name;

e.  The client’s initials;

f.  The program type;

g.  The client’s address;

h.  The client’s date of birth;

i.  The date of the client’s intake interview;

j.  The client’s gender;

k.  Whether the client is restarting a program;

l.  The court of the client’s conviction;

m.  The date of the client’s arrest;

n.  The client’s blood alcohol test results, or an indication of the client’s refusal of consent;

o.  All of the client’s DWI convictions, including the current one, and drug impaired driving convictions, unless otherwise protected by law;

p.  All DWI courses previously attended by the client;

q.  The client’s marital status;

r.  The client’s education level;

s.  The client’s occupation;

t.  The client’s current income;

u.  Whether the program fee was reduced due to financial hardship;

v.  The client’s history of treatment for any other alcohol or other substance abuse problem;

w.  The frequency of alcohol consumption in the past;

x.  The client’s scores on the DRI-II and RIASI diagnostic instruments; and

y.  The signature of the LADC completing the top of the form, which shall not be printed or typewritten;

(4)  The client shall provide to the LADC completing Form IDIP-011, client profile, the information required in (3)c., o. through t., v., and w.;

(5)  The client shall complete Form IDIP-019, consent for the release of confidential information, specifically for the department, the convicting court, and the department of safety, by including:

a.  The client’s name;

b.  The name and address of the convicting court; and

c.  The client’s dated signature;

(6)  The provider staff member shall sign and date Form IDIP-019, consent for the release of confidential information;

(7)  The client shall read and complete either Form IDIP-014, IDIP client agreement, or Form IDIP-015, WIDIP client agreement, by including:

a.  The client’s name; and

b.  The client’s dated signature, indicating that he or she has read the form and agrees to attend the identified sessions; and

(8)  The provider staff member shall complete either Form IDIP-014, IDIP client agreement, or Form IDIP-015, WIDIP client agreement, by including:

a.  The class location of the IDIP or WIDIP, including the street address, city or town, and telephone number;

b.  All scheduled session days, dates, times, and instructors; and

c.  The dated signature of the IDIP or WIDIP staff member.

     (d)  The client shall read, complete, and sign any other forms and materials that describe the provider’s individual IDIP or WIDIP policies and procedures or that offer other information related to the program.

What Happens During Your W/IDIP Intake Interview

You arrive at Amethyst Foundation in Epping at the appointed time with your required paperwork:
  • an original certified copy of your driving record, no older than 60 days, from New Hampshire, any state in which you hold a driver's license, and any state in which you've been arrested or convicted on a DWI/DUI
  • Your Department of Safety Notice Of Action indicating what program you are to take (i.e., IDIP)
  • Superior or district court orders
  • Chemical test results
If you forget any of these, or you attend an interview for the wrong program, you are rescheduled and charged an "administration fee" ($50 if IDIP, $100 if WIDIP, etc...).

You give these to the intake interviewer, who will be a LADC or, more likely, supervised staff member.

You then take two assessment exams; the RIASI (Research Institute on Addictions Self-Inventory) and DRI-II (Driver Risk Inventory-II).

The RIASI is the 1995 edition of the diagnostic instrument created by Thomas J. Nochasjski of the State University of New York that is specifically designed for DWI offenders.  I have posted the actual RIASI test you will take here.  You can see that the questions are pretty straightforward.  Be careful about the questions that seem to be asking about something else but are actually asking about your alcohol/drug use, stress coping, or agressiveness.  These are the nonobvious, subtle questions that I wrote about previously, here.

The DRI-II is the first edition, published in 1997, of the driving while impaired risk and needs assessment instrument created by Behavioral Data Systems, Ltd., which supposedly evaluates alcohol and other drug abuse, identifies driver aggressiveness, and measures stress coping abilities.  I do not have a copy of the DRI-II test, but the questions are very similar to those of the RIASI test.

Both tests are complete baloney and there is no scientific evidence at all that they are predictive for DUI/DWI reoffending.  Everyone, if they answer truthfully, will score as an alcoholic/drug addict on the RIASI.  The same is true for the DRI-II.  There are scientific papers showing the unreliability of the RIASI.  All but two of the studies done on the DRI-II, however, were conducted by Behavioral Data Systems, Ltd., the company that makes and sells it, so, of course, it works just smashingly.  The two non-BDS authored studies are severely flawed in methodology and are inconclusive.  Both the RIASI and DRI-II exams are garbage (I'll cover this topic in a later post).  But they are easy and cheap to administer, and give the appearance of being accurate and "scientific," so the state and recovery industry love them.

The DRI-II claims to measure "truthfulness" which you need to be very careful about.  I was completely honest when I took the DRI-II the first time, but I flunked the "truthfulness" component.

I really hate to advise anyone to do this, but I in this instance I have to.  LIE.  Lie on both exams.  You never drank or took drugs except for the night of the DUI/DWI.  For the DRI-II, you will take this again at the end of your assigned aftercare, so remember your lies, so that you can repeat them the second time you take it.  The DRI-II test compares the answers you give on the second administration to the the answers you gave on the first administration.  Just be consistent.  You are an angel who never took a drink or drug until your DUI/DWI...got it?  Good.

The people at Amethyst Foundation will do everything in their power to get you to be honest.  They will pretend to want to help you, or will suggest that there will be no consequences to your admissions.  Do not fool yourself.  They only want to get you to admit that you are an alcoholic or drug abuser and then punish you.

Why would they want to do that?

Because they are all former hardcore down and out alcoholics that have gone through AA.  They see everyone who gets arrested for a DUI/DWI as an alcoholic.  AA is a religious-based organization whose 10th and 12th steps mandate that members continue lifelong participation in the program and "carry this message to alcoholics and to practice these principles in all our affairs."  They see you as an "unfortunate" and want to save you.

And also because these are people who are angry at the world for their past and current problems and who have now been given some power.  You'll see that these are very spiteful, petty people.

So, in conclusion, lie on the RIASI and two administered DRI-II exams.  They are rigged against you.  Answer truthfully and you will be labelled an alcoholic or drug user by Amethyst and you can kiss your license goodbye for at least nine months while you attend AA meetings and pay for expensive weekly counseling sessions with a LADC (which are not covered by insurance).

Other Intake Paperwork

In addition to the assessment tests, you'll also have to fill out a bunch of paperwork, the most important of which is IDIP-019, the consent for release of confidential information, specifically for the Department of Health and Human Services, the convicting court, and the Department of Safety.  Once you sign this, be aware that anything you say or do from now on will not confidential and will be used against you.  Even statements made during aftercare AA meetings and individual LADC "counseling" sessions will be used against you (see the previous post for an outrageous example of this).  So be paranoid from this point onward.

Miscellaneous

I've been told that the intake interviewers will also take notes regarding your appearance, manners, punctuality, and anything else that might indicate alcohol or substance abuse.  Make sure you are clean (haircut, shave, use visine, mouthwash, etc...), dress well in ironed clothing, sit up straight, maintain eye contact, be calm, don't fidget, and be polite.  Do not smell of tobacco smoke (a symptom to them of an addictive personality) or alcohol.  Don't appear too intelligent.  They would probably love seeing some subtle indication that you are christian (jewelry, necklace?).

I doubt if my intake interviewer would have noticed, though.  (See below.)

My Intake

My intake was pretty routine.  It was performed by an old lady training to become a LADC.  She arrived almost a half-hour late, looked hungover in ragged clothing and uncombed/undyed hair, and shuffled, stumbled, and mumbled her way through the paperwork.  Multiple times I had to correct her instructions or redo the paperwork because of her confusion.  One of the Amethyst Foundation administrators (one of the few there that seems somewhat together) yelled at her several times, when she arrive late, and when she went to ask for help.  That wasn't bad--at least she wasn't one of the mean ones.  You'll meet those.

So, good luck.  Be paranoid.  Lie. Remember your lies so that you lie consistently (especially on the second DRI-II test).  Keep your mouth shut and incriminate yourself as little as possible.  Pretend you are stupid--they like that.

Please Tell Me Your Experiences With Amethyst Foundation, Inc.

Send Me Your Stories About Amethyst Foundation, Inc.

I would love to hear about people's experiences with Amethyst Foundation, Inc.  I know there must be many, many stories about this fraudulent operation.

Yet, there is no information on the web about Amethyst Foundation, Inc., at all.  Please pass your stories, good and bad, on to me and I will post them anonymously.

People deserve to know what they are getting into when they are ordered to go there.

Laws And Rules You Must Know If You've Been Arrested For DUI/DWI In New Hampshire

This is probably my most useful post. If you've been arrested for a DUI/DWI in New Hampshire you must arm yourself with knowledge of the laws and rules of "the game." If you do not, you will be helpless and operating blind. You will be at the mercy of people of both good and bad intentions, eager to give you poor advice. In the case of attorneys, this advice will be extremely expensive and not always correct.

Knowing the laws and rules will prevent you from greedy lawyers and abusive recovery industry workers who want to see you suffer and abuse their power. Time to go to law school!

The Difference Between Laws And Rules

Laws

A little legal history first. Law may be either common law or civil law. Common law is based on the decisions of courts under the doctrine of precedent, or "stare decisis." This judge-made law originated in England with the signing of the Magna Carta in 1215, which limited the power of King John to arbitrarily make laws and influence the court system. Most countries that had ties at one point to the British Empire, including the United States, use the common law system. The most well known examples of common law in the U.S. are the Supreme Court opinions, which establish the "supreme law of the land" on various issues. Common law systems also rely on statutes, passed by the state and federal legislatures, but may make less of a systematic attempt to codify their laws than in a "civil law" system.

Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not (as in common law) interpreted by judges. Most countries in the world today use the civil law system. Though common law also relies on statutes, the difference is that in common law those statutes are based on common law, whereas civil law statutes proceed from abstractions, formulate general principles, and distinguish substantive rules from procedural rules. In a civil law system, the courts are merely inquisitorial, unbound by precedent, and just apply the law, with very little flexibility in interpreting it.

What's nice about a common law system is that legislators are limited in what laws they propose. If their laws conflict with judge-made law in court decisions, they can be challenged. Further, state legislators are also restrained in the scope of their law-making powers by federal law (both federal judge-made law and federal legislative law) under the Supremacy Clause of the Constitution. There's a constant tension between the courts and legislators, and the state and federal governments. This design of our government, created over two centuries ago, works extremely well.

In our common law system, statutes are the result of legislators who pass and codify laws consistent with binding judge-made law. New Hampshire state legislators compile and organize all of the statutes and have limited power to modify them. These are the laws that we, as citizens of New Hampshire, must comply with.

When you were arrested, you were suspected of violating statutory law (specifically Title XII Chapter 265-A:2), and your case was adjudicated in New Hampshire District Court. RSA 265-A:2 entitled you to a court trial involving all the protections such a proceeding affords: the rules of evidence, the high threshold of proof that the state must meet, subpoena power, etc. The prosecution must prove beyond a reasonable doubt, through witnesses, each and every element of the offense with with you are charged.  If it was a first Offense DUI, you are entitled to a trial by judge, but not by jury.  If it was an Aggravated DUI, 2nd Offense DUI, or subsequent offense, you are entitled to a trial by jury, but you may have to submit to a trial before a judge in the District Court first and then take an appeal to the Superior Court if you are convicted.

Rules

A rule is a different creature altogether, and more difficult to understand. The executive branch of state and federal governments cannot enforce and carry out every law by themselves. The President, for example, must "take care that the laws be faithfully executed" and "preserve, protect and defend the Constitution."  Imagine the President himself single-handedly doing this. Instead, he delegates some of his executive power to cabinet members, executive departments, and administrative agencies. The governor of New Hampshire (or any other state) delegates his power similarly. 

The body of law that governs the administration and regulation of administrative agencies is Administrative Law. Such agencies are delegated power by the legislature (Federal or State) to act as agents for the executive (the President or Governor). Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights. Administrative agencies do this by creating rules, which have the effect of law.  If you break an rule of an administrative agency, you usually have to appear before an administrative board as part of a hearing, adjudged guilty or innocent, and punished.  The difference between the court and agency tribunals is that with an administrative agency tribunal,  the laws of evidence do not usually apply, you have fewer rights, you are adjudged by an board (not a judge or jury), and the punishments are less severe compared with the judicial courts.  The threshold of proof is lower:  the side with the burden need only show a "preponderance of the evidence" (more likely than not, 51% probability).  Hearsay is allowed.  Hearing procedures may be altered at the discretion of the administrative board.  What this means for you, the defendant, is that you are not afforded the protections you would get in criminal court.  It's much more risky, but this is rationalized by the need for expediency and supposed lesser penalties (if loss of a your license for 2 years may be called that).

Examples of administrative agencies include:

Federal Administration Agencies:

Patent and Trademark Office, Bureau of the Census, Food and Drug Administration, National Institutes of Health

New Hampshire Administrative Agencies:

Boxing and Wrestling Commission, Board of Chiropractic Examiners, Department of Health and Human Services, Department of Safety, Board of Acupuncture Licensing

(You can see how that the powers delegated by state legislators are more mundane compared with federal legislators, especially in New Hampshire.)

The State of New Hampshire Office of Legislative Services concisely define an administrative rule:
An administrative "rule" is defined as:
Each regulation, standard or other statement of general applicability adopted by an agency to:
  1. implement, interpret or make specific a statute enforced or administered by such agency or
  2.  prescribe or interpret an agency policy, procedure or practice requirement binding on persons outside the agency, whether members of the general public or personnel in other agencies.
"AGENCY" DOES NOT INCLUDE THE LEGISLATURE OR THE COURTS

The term "agency" is defined as:
Each state board, commission, department, institution, officer, or any other state official or group, other than the legislature or the courts, authorized by law to make rules or to determine contested cases.

RULES HAVE THE FORCE OF LAW

Rules shall be valid and binding on persons they affect, and shall have the force of law unless amended or revised or unless a court of competent jurisdiction determines otherwise.

Rulemaking is therefore lawmaking, in areas which the legislature has decided are too specific or too detailed to be handled by legislation. The legislature therefore delegates its lawmaking power to an agency by passing a law granting rulemaking authority to the agency to adopt rules in selected areas.
After you are convicted of a DUI/DWI in New Hampshire, you'll have entered the Administrative Law arena.

The Laws And Rules You Need To Know For Your DUI/DWI

A DUI/DWI involves a combination of Law and Administrative Rules from two Administrative Agencies (Department of Health and Human Services to "rehabilitate" you, and the Department of Safety, DMV, to keep our roads safe).  The laws and rules all refer to each other in one big, complicated mess.  The law is pretty straightforward and predicable as to the likely outcome.  The rules, however, are less protective of your rights, more open to discretion (and abuse), less predicable as to the likely outcome, and more confusing.

Laws

The laws that you need to know if you've been arrested for a DUI/DWI in New Hampshire are in TITLE XXI: MOTOR VEHICLES, CHAPTER 265-A: ALCOHOL OR DRUG IMPAIRMENT.  This is abbreviated to RSA 265-A, and this is how you will read it on all of the paperwork you receive.  RSA stands for "Revised Statutes Annotated."  Revised refers to the statute being the most up to date version--laws are constantly undergoing revision.  Annotated refers to the added notations to how courts have interpreted the laws.  RSA 265-A may be found here.


You will want to read almost every section of this Chapter.  IMPORTANT:  Print it out, keep it handy (i.e. by your nightstand), and read it multiple times, taking notes.


If it is beyond a reasonable doubt that the police officer had reasonable suspicion to pull you over, obtained probable cause to arrest you for driving under the influence (i.e., you were driving, failed a field sobriety test, blew over 0.08 BAC or refused to blow at all), and you were properly arrested (read your Miranda rights), you don't have much of a chance in court.  You can usually obtain a free consultation with an attorney and sound him/her out to help determine this.


However, if you believe, and can provide evidence that, the stop was illegal, the tests were unreliable, or that your arrest was improper, you will want to hire an experienced criminal defense attorney and go to court.  All you need to do is show that there is a reasonable doubt, but the rules governing a criminal trial (i.e., what type of evidence/testimony is admissible and when, depositions, subpoenas, motions, etc...) are complicated and you will need an attorney for this.  Keep in mind that attorneys are very, very expensive.  Good ones cost over $300/hour and the hours add up fast.  By the time you even reach your District Court appearance your bill will be at least $4,000.  This is important to consider.  If your odds of prevailing aren't good, you are likely better off putting on a nice suit, cleaning up, and respectfully pleading guilty to the judge, asking for leniency if there are substantial mitigating factors in your favor.


If you plead guilty you will receive a Sentencing Order stating your plea, the fine amount (which you need to pay to the clerk then and there), and the duration of license suspension.  If it's your first DUI, the judge might, on the Sentencing Order, state that you may shorten the length of suspension by enrolling in an IDIP within 45 days.  Note that if you don't enroll in an IDIP by 45 days, you still must enroll and complete an IDIP before you get your license back.  So, you're going to have to do the IDIP one way or another.  Enroll within 45 days and lessen your suspension period.


Rules

This is where it gets confusing.  After you go through this, you'll understand why this particular executive power is delegated to someone else:
He-A.  Department of Health and Human Services:  Office of Alcohol and Drug Abuse Prevention
Saf-C.  Department of Safety:  Division of Motor Vehicles.

You have no doubt already heard from the Department of Motor Vehicles.  Even before your court date you should have received a Notice of Suspension/Revocation Action stating something like:
As a result of:
The Director of Motor Vehicles receiving a sworn report from a law enforcement officer alleging you submitted to a chemical test(s) that disclosed a drug/alcohol concentration in your system that met or exceeding the limit


all license/operating privileges are suspended/revoked for     X months.
It will go on to say that you can submit a written request for a hearing.  It also states what you must do to get your license back:
If no other suspension/revocation is in effect you may be considered for restoration of all license/operating privileges on XX/XX/XXXX, if you complete the following requirements:

1.  Any New Hampshire License you currently hold must be turned in immediately
2. There is a $100.00 License/Operating privilege restoration fee required if the suspension/revocation remains in effect over 15 days.  License/operating privileges by law cannot be restored if this fee is outstanding.
This is the first of two suspensions your will get:  the Administrative License Suspension (ALS).  It was suspended by Department of Safety's Rule Saf-C 2800 under New Hampshire Statutory Authority RSA 265-A:30.  You will want to read all of Saf-C 2800 and RSA 265-A:30 immediately upon receiving your notice of ALS because you have only 30 days in which to request an administrative hearing to contest it (i.e., if you believe that the stop was illegal, the sobriety test faulty, the arrest illegal, etc...).  If you do not request a hearing, in writing and in proper form, within 30 days, you forever forfeit this right.

Some attorneys find ALS hearings to be of great importance to the court DUI defense. Such hearings may result in overturning the ALS, can put you in a better plea-negotiating position in court, and may provide valuable testimony for the DWI trial, because at the ALS  hearing your attorney can cross-examine the State's witnesses, under oath, and on the record.


After your sentence is handed down in District Court, you will get another Notice Of Suspension/Revocation Action stating something like:
**Amended Notice**
This amended notice covers only specific information on the charge referenced.  You may have other outstanding administrative requirements that must be met in addition to the ones indicated herein before you can be considered for restoration.  Please refer to other suspension/revocation notice(s).

***  This notice takes effect at 12:01 AM on YY/YY/YYYY  ***


As a result of your conviction in the [deleted] District Court on YY/YY/YYYY for:
Driving While Intoxicated First Offense


All license/operating privileges are suspended for    Y months.
 It also states what you must do to get your license back:
If no other suspension/revocation is in effect you may be considered for restoration of all license/operating privileges on YY/YY/YYYY, if you complete the following requirements:
1.  You must submit a report showing successful completion of an approved IDIP or WIDIP.
2.  You must submit an SR-22 insurance certificate.
3.  There is a $100.00 license/operating privilege restoration fee required if the suspension/revocation remains in effect over 15 days.
This is the second suspension you get, your court-imposed license suspension.  The courts are done with you at this point, and have delegated execution of the suspension to the Department of Safety; Division of Motor Vehicles.  Your suspensions may run consecutively or concurrently.  If you refused a BAC test, these suspensions will run consecutively.  Usually, they will run concurrently.


Everything from now on will involve either the Department of Safety: Division of Motor Vehicles, or Department of Health and Human Services:  Office of Alcohol and Drug Abuse Prevention.  You need to know their laws ("rules").  For example, if you want to contest the ALS hearing you need to read Saf-C 2800.  You will need to know He-A 700 or He-A 900 depending upon which Impaired Driver Program you have been mandated to attend (W/IDIP or Phase II).  I'll go into this in more detail below.


Post-Conviction Requirements For Restoration of License Privileges


This is where the rules get complicated and confusing and where there is a huge potential of discretion and abuse, particularly when it comes to fulfilling the Department of Health and Human Services requirements for rehabilitation.  The DHHS has rules that determine the process for rehabilitation.  

If this is your first DUI you must take the Impaired Driver Intervention Program (IDIP) or the Weekend Impaired Driver Intervention Program (WIDIP).  The rules that determine the procedure for fulfilling this requirement are in He-A 700, Impaired Driver Intervention Programs.  It is essential reading (so print it out and read it multiple times).


If this is your second DUI within the last ten years, or an Aggravated DUI, you must take the Phase II (or MOP) Program.  The rules determining this program are in He-A 900, Phase II Programs.



I will write in more detail about the He-A 700, 900, and the W/IDIP and Phase II programs in a later post.


Once you complete your program, you now move to the Department of Safety.  You will need to read the rules on reissuance of license.  These are in Saf-C 205.  Also, if you disagree with the assessments made by the LADCs running the W/IDIP or Phase II programs (which is highly likely), you will need to read about how to contest them.  The rules governing this process are in Saf-C 204.


Important Advice Regarding Whom To Trust For Advice

Do not trust Amethyst Foundation, Inc. or anyone running these programs for advice! 

They don't care.  They don't want to help you.  In fact, they want to PUNISH you.  Also, frankly, most of them are recovered drunks and are quite stupid.  Any statements they make to you, try to get in writing, because they lie and will deny having ever said it.

Do not trust your aftercare counselor for advice!   

Whereas, based on my experience, I do not believe them to be vindictive like the Amethyst Foundation people, remember, they are most likely former drunks with very little education.  To be a LADC, I'm not even sure you need a GED or HS diploma.   The requirements are here, and they don't state that a GED or HS Diploma is needed in their requirements.  So, these people are not very bright.  Never trust them for legal advice.  And even those with Master's degrees (MLADCs), I've found are not very intelligent.


Even if you have an attorney, you need to understand the laws and rules. 

This is just being a smart consumer and assuming responsibility for your future.  It's you that's losing your license for a most likely a very long time, not the attorney.  Except for being paid, the attorney might not care about your situation at all.  I hired an attorney from the best firm in New Hampshire and I later found out he was wrong about several issues.  He was also so naive as to trust the word of people at Amethyst Foundation and not get it in writing.  So be careful!  At the very least, make sure they have lots of experience dealing with DUIs in New Hampshire.

Good luck.  Next time I'll talk about the W/IDIP and Phase II Program procedure.  It consists of an intake, classes, assigned "aftercare", and maybe more.  You need to be very careful what you say and do at this point.

Amethyst Foundation, Inc.: Actual Consumer Reviews

Consumer Reviews of Amethyst Foundation, Inc.

As a consumer, before I fork out my hard earned cash, I always Google using terms like, ""Company X" consumer reviews."  Invariably, you get dozens of hits with reviews both glowing and critical.  This was NOT the case with Amethyst Foundation, Inc.

I found a total of three websites and read a total of five reviews.  Thousands of consumers have bought Amethyst Foundation, Inc., products (state-mandated rehab programs).  So, why were there only five on-line reviews?
 
Here's one from "Rip-off Report," describing how Amethyst House lost his records, charged him $500, and diagnosed him as an alcoholic and drug abuser even though he hadn't used for 15 years.
"I had a dwi in 1993 when I was young and stupid. I went to the amethyst foundation and took care of it. 1 year ago(may 2008) the state of nh tells me I didn't. So not having my records from 1993 and amethyst shredding reports after 7 years they told me i had to take the classes again.

At first they said they need $25 to open my records(which they told me they didn't have). I went and got a money order then she tells me it went up to $50..I said in the one day it went up $25 she said yes.lol. Ok so I bit my tongue and did it. Then I paid the $500+ and had to go to classes once a week for many weeks. Then the lady tells me not only am I am alcoholic but a druggy also that i need further treatment. I having drank hard since my young partying days 15 years ago. Let alone ever touching drugs. Hell i haven't even drank a beer in maybe 2 years. I thought i was on candid camera.

So i call NH and they said there is nothing they can do until the amethyst says I completed the treatment. So i call the bastards and ask them ok how can i get my license back. They tell me I need to see a doctor or whatever it is in 3 separate classes. I know now they just want more money to take more of their classes.

So thinking i will out smart them I didn't go through them since I live in mass. I sign up with the psychological center. They then decided I need 8 weeks of treatment plus 2 AA classes a week. OK biting my tongue off now I do it giving the psychological center the money instead. Now i am finished after 2 months. They send the Amethyst my records stating I am not an alky or druggy plus all the forms they need.

I have been going back and forth with these people for 5 months now and still the amethyst will not say yes. They are asking for a 3 page essay from the psych center before they then send me to NH.

Please can anyone help. My boss is giving me until the end of the week or I will lose my job which consist of the company vehicle. How is this legal??? BTW isn't not having a DWI in 15 years proof enough that I don't drink and drive. IDIOTS

Pissedoff
methuen, Massachusetts
U.S.A."
Another from Rip-off Report:
If you have to go to a 'red flag hearing' make sure you ask for detailed information on how their 'test' results were found.  Ask them about their control groups.  Ask them for the actual numbes and sets of statistics that aren't taken from population samples that favor their theories.  The tests are arbitrary and the information isn't based on solid outcomes, im sure its unconstitutional but it makes them feel like they're doing something to protect citizens from harm. 
Another issue is the service, I find the employees to be unpleasant and unhelpful.  This is an expensive service but the employees act like any other state office because they have job security because they're just another state office...  No wait, they're a non-profit, right?
 Here's another from Rip-off Report:
Beware of Amethyst Foundation in NH-I paid $585.00 for classes to be taken in one weekend (20 Hrs) so I could reinstate my license in Massachusetts..for a dui that happened in 2004.

After I completed the weekend I was led to believe that this was the last step.....then they spring on me that I need to go to further counciling and AA meetings for 4 months!!!!!

Also found out that this organization was owned by a NewHampshire Senator!!, is't this a conflict of interest .......there were 30 people at this weekend class you figure it out $585.00x30. SOMEONES MAKING SOME BUCKS!!.....does anyone have any info on this SCAM? and who is this senator?

Carol
Weymouth, Massachusetts
U.S.A.
 Here's a Google User Review:
These people are horrible!! If you have a chance to do your classes elsewhere do it ! After you complete your 6 classes they will then tell you that you need after care and it will be another 6 months and more money before you get your license back, they will tell you your a drunk a druggy and that you lie, This all happened to me! I am a first time offender! Its all about money, I can only hope that someday that these people can expirence the "horrible pleasure" of dealing with the amethyst foundation.
angryinnh 
 Here's one from Merchant's Circle:
Don't go there--it's rigged to rip you off!!!
This is the worst place to go to they are all a bunch of miserable recovering drunks and they will make you one on paper too and if you don't lie about how much you have drank in your life or how young you were or if anyone in your family drank you will never get your license back. They trick you into thinking you are going to be assessed after the program but they are doing it while you are there you are better off to go to the classes and not the weekend save your money and get there on time and keep your mouth shut or you will be screwed!!

June 03, 2010 by anonymous in Concord, NH

There Was A Blog On Amethyst Foundation!

Here are all the entries from a blog called Amethyst Foundation NH DWI program:

Amethyst Foundation-It's all lies (Monday, January 19, 2009)

This place is a scam you are better off to go to a 16 week program than waste a weekend being told you are an alcoholic and a piece of shit. I can't wait till one of them needs to deal with this!!

I just got back from a weekend with these people who will try to convince you that if you ever have a drink you are an alcoholic 

Amethyst foundation- Joke  (Monday, January 19, 2009)

Just found a mistake on my test results, they have the wrong info when inputted by the expert? Most likely to make their case against me(you some day). I sound bitter but if you ever have to go Thur this you will understand.I will continue to help bring down this bs, self-serving institution.

on and on it goes  (Thursday, January 29, 2009)

Have been told by the Foundation I need 12 weeks of after care? this is their way of having someone else sign off on their program.they will tell you it is covered by your insurance company, not true, it's a legal matter.
There were 16 replies to this last entry and then the blog went silent:

Anonymous said...
Wow!! You are going to be even more upset after you complete your aftercare and then they tell you now you get another hoop to jump thru.
Anonymous said...
My friend just went through the same thing with them. She is going to take them to court over stealing her money
KylieStills said...
I am in the same situation with these people. Only they have me stonewalled because I went for a red flag hearing. Now they are making it impossible to complete the aftercare, thus making it impossible for me to attain my license. I have a friend who works for the paper. I'd like to bring this foundation down. Feel free to contact me.
Anonymous said...
I have my Exit interview tomorrow, hoping for no aftercare because i already went through rehab and jail after my conviction... but by the sounds of it i guess im getting a red flag hearing. this whole setup is a bunch of BS. I would love to see this organization brought to its knees.
Anonymous said...
I just went to the weekend program and they literally screw you over. I went to my exit interview and was told Amethyst foundation thought i was an alcoholic. Even though im 23 and barely drink. Its almost funny that i would be labeled as an alcoholic and when you try to deny you are one. They will say well first sign of alcholism is denial. This whole foundation is a money making program trying to stop the whole world from drinking because they are the miserable ones as you can see by there mood and manners. So i sent the thing in for my red flag hearing hopefully i get a trial soon because this is bullshit
Anonymous said...
can anyone give advice on how to avoid a red flag hearing in the first place what do you need to do to make them happy???
Anonymous said...
I think the place is a sham and somehow would love to expose them for what they really are! I have already been 6 mos without my license on a first offense. They totally lie to you and tell you they are there to help you and all they do is get you to incriminate yourself so they can make you look like a severe alcoholic. Whatever you do if you go there dummy up! Don't tell them you drank before 21 and if your parents ever drank don't tell them you will be stuck in aftercare forever and the ladc counselors on their list are in on it and will also keep making you into an alcoholic too.
Anonymous said...
Hey KylieStills. Have you done anything about bringing that foundation down. I got 4-6 aftercare sessions and just went to the first one today. Paid a 125 dollars to answer the same fucking questions again and didnt even get a full hour. I would like to help bring these bloodsucking bastards down. ive never been so infuriated in my life!
Anonymous said...
I went to that SHITHOLE a few years ago & like everything else with New Hampshire's F----d up system is that they want your $$$! You pay for a lawer,pay your fine, do the time without your license & have to go see one of these idiots that knows nothing about the outside world & thinks that their gonna save it! Well put them in Afganastan & tell them to save them or tell the truth that they are all stupid & playing pass the buck because I don't think that they can even wipe their own asses, it's a good thing that they have Depends for them because they need them!!!
DOWN WITH R.E.A.P said...
I Went to there counter part R.E.A.P (Serenity Place) in Manchester NH. they too are blood sucking bastards who extend your loss of license by months. I Plead guilty to DUI because I was told by the DA that I would get my Lic. back in 90 days. Guess what...almost 180 days now and still no license and I have no idea when or If i will get it back for my 1st time offense. Because i failed that BOGUS (RIASI test) which Predicts if your going to do this in the future .....PREDICTS...seriously you blood sucking bastards can predict the future...if so why don't you predict the fucking Lottery numbers...oh wait..you make more $$ off of your clients who are struggling to feed there family then winning the lottery. I was told I have to take all these LADC vists at 140.00 a visit...Thanks REAP...its only my children's frigin grocery shopping bill every week.
Anonymous said...
I have been trying to get my license back now for 5 months and was given after care because of these dumb test saying I will so it again...I am at my wits end and not sure how much longer I can go not driving and in turn not working because of it. I was given 6-8 aftercare sessions and have done 3 now...am I an idiot to think I will be all set in 3-5 sessions???
Anonymous said...
I went to Amethyst in the fall and was given 6 to 8 sessions of after-care. I ended up going to after-care for 4 months because Amethyst said I was a substance abuser, which requires 4 months of self-reported abstinence before they will consider your treatment complete. So, watch what you say at Amethyst (not that it makes a difference, it seems) and when you get to aftercare, "I stopped drinking right after my DWI (or whatever got you there)" or "I stopped when I went to Amethyst." Whether you did or not!
Anonymous said...
So true... watch what you say and claim that you have never drank after the DWI.. and stick to the story
Why are there so few review of Amethyst Foundation, Inc.?  People must either be too frightened to post, or Amethyst Foundation, Inc., is somehow getting the reviews removed.  Since this blog will be up in perpetuity, on Blogger, or some other server, I'll probably find out.

As a result of my DUI arrest, I now have a criminal record, no license, astronomical auto insurance rates, and have spent $12,000.  Haven't I suffered enough?  In addition to this, do I have to be psychologically tortured by Amethyst House, aftercare LADCs, AA attendees, and administrative officials who force me to either admit I'm an alcoholic or conclude that I'm in denial?  I feel, as the anonymous posters above feel, that the real punishment is to have all that's left of your will and spirit broken by these spiteful people.  That's not America.  That's more like the re-education camps of the USSR, China, and North Korea.  It is profoundly, profoundly disturbing.

The more I learn, and the more I try to learn, about Amethyst Foundation, Inc., the more spooked and paranoid I get.  There is a ton of tax exempt profit being made by Amethyst, and they are the entry way to a whole recovery industry that takes on the assigned "aftercare."  Amethyst has lobbyists and receives huge amounts of taxpayer money.  One poster above, claims a former owner of Amethyst Foundation was also a NH Senator.  (I need to investigate this claim.)  There is a shocking absence of criticism on the web.  I'm sure people are submitting it--who's removing it?

I will follow the advice that Deep Throat gave in "All The President's Men" and will "follow...the money."  The answer will be there.

Have you had any experiences with:
  • IDIP, WIDIP, Phase II, or MOP Programs;
  • Amethyst Foundation, Serenity Place (REAP), Community Alcohol Information Program (CAIP), Southeastern New Hampshire Drug & Alcohol Abuse Services, or Tri-County Community Action Program;
  • "Aftercare" involving AA and LADCs; or
  • Administrative Hearings (i.e., "red flag" hearings)?
If so, please write to me!

The Amethyst House of Mystery

State-mandated rehab for DUI offenders is a huge business.  These very profitable nonprofits lobby for, and receive huge amounts of taxpayer funding. They are virtually unregulated and unrestrained, and it's all perfectly legal.  In fact, it's condoned, all in the name of saving the poor victims of the "disease" called alcoholism.  These are the gateways to the coerced recovery industry--an industry that is largely blind to science and which makes billions of dollars a year, lining the pockets of mostly uneducated "experts such as "Licensed/certified Alcohol and Drug Counselors" (LADCs or CADCs) whose only required formal training for certification is a GED/High School diploma, 270 hours of classes or "training", and supervised "experience" (which can include filing and record keeping).

I'll post about these LADCs later, but I found them to be hardcore AA true believers:  all former alcoholics and fundamentalist Christians who believe alcoholism is a disease.  All DUI offenders suffer from this disease and the only cure is finding god (their god, the Christian one), praying, and following the twelve steps.  They are anti-intellectual, anti-science, intolerant and threatened by skepticism.  They drip with condescension, righteousness, stupidity, and anger.  They finally have some power (by the state and courts) and they validate their beliefs by breaking you and converting you to their religion (AA).  It is important for them to do this because their beliefs are all that they have.  They bottomed-out as drunks and drug-abusers, lost everything (including their dignity and self-respect), and rebuilt their entire psyches on the beliefs espoused by Christian Fundamentalism and A.A.  They are dangerous.

I'm sure a lot of people reading this think I have an axe to grind.  I do.  Not about being punished for my DUI.  I fully realize the danger I caused to society and understand I need to be either punished and/or rehabilitated.  The axe that I want to grind is being forced into a system of people like I describe in the paragraph above. 

Anyway, I diverge.  Let me tell you about the mysterious and very profitable New Hampshire court-mandated rehab industry:

One of the largest of these rehab corporations, Amethyst Foundation, Inc., happens to be the one I went to, here in the "live free or die" state.  All of this was a huge eye-opener to me, and it took a huge amount of digging to learn about it.  I suspect Amethyst Foundtion, Inc., and others corporations like it, are all making a great effort to keep a low profile.  (I can only imagine digging up the dirt on the larger topic of privatized correctional facilities, where drug rehab and AA are also deeply entrenched.)

So, I received the standard 1st offense D.U.I. sentence in New Hampshire:  a six month Administrative License Suspension and a nine month Criminal Court License Suspension, to run concurrently.  My nine month Criminal Court License Suspension was to be reduced to a three month suspension on the condition that I complete an Intoxicated Driver Intervention Program (IDIP) at a facility closest to my residence.

That sounded good to me.  I knew I wasn't an alcoholic.  The night of my DUI was the first time I had more than 2-3 drinks in the last six years.  I've gone weeks without any alcohol at all and didn't give a second thought of it.  Surely, I'd just quietly complete the IDIP program, and get my driving privileges back in six months.  I knew of friends that had gone through similar programs in other states and who had no problems.

According to Administrative Rule He-A 704 (based on Statutory Authority:  RSA 265-A:39), I had to take the IDIP classes at the facility closest to my residence or place of work.  The classes cost $460 and were held two nights a week for six weeks.  The facility was "Amethyst House" in Epping, NH.

I tried to learn more about Amethyst House.  All I could find on-line was a single stripped down website for Amethyst Foundation, Inc.  An address, contact info, description of the IDIP program, forms and photos were there.  What was strange was that there was no directory or any names listed.  I tried calling the phone number multiple times throughout the day, but always got a busy signal.  At 5:01 PM sharp no one picked up the phone.

Judging from the photographs on its website, the place looked like a dump:

I decided to do some investigating.

The Hoover's Business Directory listed Amethyst Foundation, Inc., and the name of two executives, Director Bob Kelley and Ellen Parker.  Apparently Amethyst has locations throughout the state; Salem, Portsmouth, Hanover, Claremont, and Epping.  Its Certificate of Revival of Incorporation, naming the Board of Directors and Officers, and place of business (Epping, NH) may be found here.

According to public financial records available at this site, Amethyst Foundation, Inc., of Epping, NH (Employee Identification Number 020363792), is a 509(a)(2) charitable organization whose activities include rehabilitating alcoholics, drug abusers, compulsive gamblers, etc...  It was ruled a 509(a)(2) nonprofit organization by the IRS in 04/1987.  For the tax year of 2006, they held $778,642 in assets and had an income of $1,134,922.  Organizations performing similar types of work, on average, held only $311,304 in assets and had incomes of $610,576.  According to this site, there are only 42 other 509(a)(2) organizations performing similar activities in the country.  Mothers Against Drunk Driving (MADD) is one, and is ranked as having the highest income for this tax period, at a whopping $41,775,641.  Amethyst Foundation, Inc., is ranked as the fifth at $1,134,922.

Amethyst Foundation, Inc.'s income for the fiscal year 2010 was $1,134,922, as indicated by their IRS Form 900.  On this form, the organization's stated mission was: 
"To disseminate information concerning the effects on human beings of ingesting ethyl alcohol and other drugs; to assist individuals in assessing their own personal relationships with alcohol; to identify those individuals with drinking problems and involve them in a[n] alcohol awareness school--the organization operates a court and state mandated school for driving while under the influence of alcohol."
A search of the public records indicates that the state of New Hampshire contracts with Amethyst Foundation, Inc., for significant amounts of money.  For the period from July 1, 2010 to June 30, 2011, Amethyst Foundation, Inc., along with two other 509(a)(2) organizations, Serenity Place and Tri-County Community Action Program, shared $751,400 in tax payer money in the form of sole source contracts (one contract for $455,000 and one for $296,400).  Amethyst Foundation, Inc., has a registered lobbyist with the New Hampshire Legislature, Edward DuPont.  He's doing a very good job.  For one year, Amethyst Foundation, Inc., shared nearly one million dollars in sole source contract money--money provided by New Hampshire residents.

And because of Amethyst Foundation, Inc.'s IRS 509(a)(2) status, all of this income is tax free!  

I thought my IDIP program was expensive until I saw the prices for others offered by Amethyst Foundation:

Phase II (for 2nd Offenders), a seven day residential program......$1,550.00 
.....of which Amethyst keeps $1,300.00.
WIDIP ("Weekend Intoxicated Driver Intervention Program").........$585.00 
.....of which Amethyst keeps $485.00.
MOP ("Multiple Offender Program")...........................................$1,550.00
.....of which Amethyst keeps $1,300.00.

Of the $460 fee for the IDIP class, Amethyst keeps $410.

The state of New Hampshire gets the crumbs as administrative fees.

Amethyst Foundation does a big business, as I was later to find out.  The classes filled up quickly.  A lot of the "customers" were from out of state.  In fact, a LADC told me many are celebrities.  I was told Amethyst Foundation was the only residential facility in New England.

So, we have a nice, very profitable, "non profit" corporation that pays no taxes and receives a huge amount of taxpayer funds.  How much they charge is determined, not by the market, but by the New Hampshire legislature.  They do a huge business and, with ever stricter DUI laws, will never lack for customers.  What a sweet deal.