Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@attorneymarkstevens.com
Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals.

CASE EXAMPLE: WEEK OF MAY 19, 2008

CLIENT CHARGED WITH DWI AND POSSESSION OF DRUGS

CASE EXAMPLE: DRIVER CHARGED WITH POSSESSION OF A CONTROLLED DRUG AND DWI AFTER RUNNING OUT OF GAS.  THE DRIVER SUBMITTED TO A BREATH TEST THAT ALLEGED A READING OF .08.

READ ON TO SEE WHAT HAPPENED

CHARGES DISMISSED: WEEK OF MAY 19, 2008

http://www.ByeByeDWI.com

Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: A police officer came upon a car that was out of gas.  The officer noticed some empty beer bottles near the car and interrogated the driver about drinking.  The driver admitted having two beers earlier.  The officer smelled “an odor of alcohol”, and noted “slurred speech”, and then asked the driver to perform “field sobriety test”.  The driver decided to agree to the “tests”.  The officer conducted the “waiving the pen test” which is also known as the “horizontal gaze nystagmus test” or “HGN test”.  In this sidewalk ritual the officer waives the pen and makes a conclusion that the driver is drunk based on the way his or her pupils move.  The driver agreed to perform the pen test, which she predictably “failed”.  Next the officer asked her to walk down a line in heel to toe fashion with her arms by her side.  The driver made a few minor mistakes according to the police manual on this exercise.  She also could not withstand the “one leg stand” ordeal, which requires to stand perfectly still with their arms by their side and one foot in the air for a half a minute without swaying or hopping.  At the end of all this, the driver was charged with DWI.  She elected to blow into the breath testing hose, which printed out a readout of .08 twice.  During a post-arrest search of her car the police found prescription medications on the floor and also charged her with possession of a controlled drug without a prescription. 

After the arrest, the driver hired Attorney Stevens to fight the DWI and drug charges.

RESULT:  Attorney Stevens proved that the prescription drug was not on the official schedule of controlled drugs and the drug charge was dismissed.  After a motion to dismiss by Attorney Stevens the DWI charges were also dismissed. 

DWI AND DRUG CHARGES DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Thus says the Lord: Keep justice, do and use righteousness, for My salvation is soon to come and My righteousness to be revealed.”

Isaiah 58:1.

 

 


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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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