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Please note-this is an example of the disposition of a recent New Hampshire “Driving While Intoxicated” (“DWI”) case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: A police officer saw a driver travelling at what he thought was a high rate of speed.  The officer tracked the driver’s truck on radar which displayed a reading of 54 in a 30 mile per hour zone.  The officer activated his blue lights.  The driver pulled his truck over and waited for the officer to approach his window.  The officer demanded that the driver provide him with his license and registration.  The driver complied with this command.

After smelling an “odor of alcohol”, the officer interrogated the driver about drinking.  The driver admitted he had had something to drink about 45 minutes before the speeding stop.  The officer ordered the driver to step out of his car for a round of “field sobriety tests”, the activities that precede most DWI, DUI, and OUI arrests.  The driver decided to agree to the “field sobriety tests”.  The officer conducted the “pen test” which is also known as the “horizontal gaze nystagmus test”.  This is a roadside ritual in which the officer waives the pen and makes a conclusion that the driver is drunk based on the way his pupils move.  Next the officer asked him to walk down a line in heel to toe fashion with his arms by his side.  Finally, the officer asked him to stand on one leg for 30 seconds.  Although this driver did a commendable job on these gymnastics, the officer arrested him anyway, in part because the driver was under the age of 21.  The driver was charged with DWI.  He elected to exercise his choice NOT TO BLOW INTO THE BREATH TESTING GADGET at the police station.  After the arrest, the driver hired Attorney Stevens to fight the DWI charge.

TRIAL:          The state produced the testimony of the police officers who arrested the driver.  Attorney Stevens cross examined the officer and pointed out many things the driver did well on during his “field sobriety tests”.  At the conclusion of the trial, Attorney Stevens moved for a finding of NOT GUILTY. 

RESULT:      NOT GUILTY ON DWI CHARGE!!!

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And if you call upon Him as Father Who judges each one impartially according to what he does, you should conduct yourselves with true reverence throughout the time of your temporary residence on the earth, whether long or short.

You must know that you were redeemed from the useless ways of living inherited by tradition of your forefathers, not with corruptible things such as gold and silver.

But you were purchased with the precious blood of Christ the Messiah, like that of a sacrificial lamb without blemish or spot.”

I Peter 1: 17-19.

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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.