Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@byebyedwi.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.

DWI CASE EXAMPLE: WEEK OF JUNE 27, 2008

The New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a DISMISSAL after Attorney Stevens’ motion to dismiss these DWI charges was GRANTED in a New Hampshire DWI case:

DRIVER CHARGED WITH DWI AFTER “WEAVING”

DRIVER “FAILS” BLOOD TEST

DWI CASE EXAMPLE: POLICE OFFICER STOPPED A DRIVER AFTER HE ALLEGEDLY “WEAVED WITHIN HIS LANE”.  AFTER SMELLING AN ODOR OF ALCOHOL COMING FROM INSIDE THE CAR AND INTERROGATING THE DRIVER, THE POLICE OFFICER ASKED HIM TO PERFORM THE ROADSIDE OLYMPICS KNOWN AS “FIELD SOBRIETY TESTS”.  EVEN THOUGH THE DRIVER PASSED THE FIELD SOBRIETY TESTS HE WAS ARRESTED ANY WAY.  IT IS IMPORTANT TO NOTE THAT YOU DO NOT HAVE TO DO THESE ROADSIDE ACROBATICS, AND IT IS LIKELY THAT ONCE YOU ARE ASKED TO DO THEM YOU WILL BE ARRESTED NO MATTER WHAT THE “RESULTS”.  AFTER THE DWI FIELD SOBRIETY TESTING RITUAL WAS OVER THE POLICE ARRESTED THE DRIVER AND CHARGED HIM WITH DWI.  HE CHOSE TO GIVE EVIDENCE AGAINST HIMSELF AND HIS BLOOD ALCOHOL CONCENTRATION WAS A .03.  BECAUSE HE WAS UNDER 21, HE WAS SLIGHTLY OVER THE “PER SE” STANDARD OF .02 BLOOD ALCOHOL CONCENTRATION.  BECAUSE HE COOPERATED WITH THE POLICE AND GAVE THE BLOOD ALCOHOL ERVIDENCE THAT THE POLICE WANTED, THE DRIVER WAS “REWARDED” WITH A SECOND CRIMINAL DWI CHARGE, THIS ONE FOR DRIVING WITH AN ALCOHOL CONCENTRATION ABOVE .02.  CHOOSE WHETHER TO GIVE EVIDENCE AGAINST YOURSELF CARFEULLY

READ ON TO SEE WHAT HAPPENED…

DWI CASES DISMISSED: WEEK OF JUNE 27, 2008

http://www.byebyedwi.com

http://www.byebyedwi.blogspot.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 followed a driver for a few minutes after midnight.  The officer saw the driver “weave” or “swerve” “within his lane”, the hallmark of late night “reasonable articulable suspicion” by the police.  The officer followed the driver for a while and then forced the driver to stop by activated the blue strobe lights on his patrol car.  The driver pulled his car over and waited for the officer to approach his window.  The officer demanded that the driver provide his license and registration.  The driver complied with this command.

After smelling a “moderate odor of alcohol”, the officer ordered the driver to step out of his car for the customary DWI tri-fecta of “field sobriety tests”.  The driver decided to agree to perform the “tests”.  The officer conducted the “pen test” which is also known as the “horizontal gaze nystagmus test” or “HGN 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 her pupils move.  The driver agreed to perform the pen test, which he surprisingly “passed”.  Next the officer asked him to walk down a line in heel to toe fashion with his arms by his side.  The driver showed only minor transgressions on this exercise.  Despite passing the first two field sobriety tests, the officer plowed ahead and conducted another one:  the “one leg stand” test.  The officer then asked the driver to stand on one leg for 30 seconds, while counting one, one thousand, two, one thousand all the way up to “thirty, one thousand”.  The driver performed that test perfectly.  Despite near flawless performance on all the field sobriety tests, the officer charged the driver with “driving while intoxicated” (“DWI”) any way.  The driver chose to give blood for the police to use as evidence against him, which resulted in a .03 blood alcohol concentration.  After the arrest, the driver hired Attorney Stevens to fight the DWI charges.

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:      Attorney Stevens filed a motion to dismiss these charges.  The motion to dismissed was granted.  DWI CHARGES DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Woe to those who call evil good and good evil; who put darkness for light and light for darkness, who put bitter for sweet and sweet for bitter!

Woe to those who are wise in their own eyes and prudent and shrewd in their own sight!”

Isaiah 5:20-21.


Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:


I will call you back at the earliest opportunity. Do NOT include any specifics about your case in a recorded voice message or email. We will discuss that on the phone, and in greater detail in person.

Back to Top of This Page






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.

www.1-800-dial-dui.com

Original Web Page Development by Randy Bone.
Copyright 2008, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.