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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. |
NOT
GUILTY CASE EXAMPLE: JULY 10, 2008
CLIENT CHARGED WITH “MINOR TRANSPORTING ALCOHOL”
CASE EXAMPLE: A POLICE OFFICER
WAS ON AN “UNDERAGED RINKING DETAIL”, LOOKING FOR YOUNG PEOPLE WHO MIGHT HAVE
ALCOHOL. THE OFFICER STOPPED A CAR WITH
TWO OCCUPANTS, THE DRIVER AND ONE PASSENGER.
WHEN THE OFFICER STOPPED THE DRIVER’S CAR HE SAW TWO SIX-PACKS OF BEER
BOTTLES IN THE BACK SEAT. THE PASSENGER
WAS 21; THE DRIVER WAS 20. THE DRIVER
WAS ARRESTED AND CHARGED WITH “TRANSPORTATION OF ALCOHOL BY A MINOR”, WHICH IS
NEW HAPMSHIRE LAW RSA 265-A:45. Here is the law:
RSA 265-A:45 (2008)
265-A:45 Transportation
of Alcoholic Beverages by a Minor.
I. Notwithstanding RSA 265-A:44, II, no driver under the age of
21 shall, except when accompanied by a parent, legal guardian, or legal age
spouse, transport any liquor or beverage in any part of a vehicle. A driver
violating this section may have his or her license or privilege to drive
suspended for 60 days. The words "liquor" and "beverage" as
used in this section shall have the same meanings as defined in RSA 175:1.
"Legal age spouse" means a person 21 years of age or older.
II. This section shall not
apply to a driver under 21 years of age employed under RSA 179:23.
READ
ON TO SEE WHAT HAPPENED…
NOT GUILTY VERDICT AFTER TRIAL: JULY 10, 2008
Sponsored by ByeByeDWI.com
Please note-this is an example of
the disposition of a recent
BASIC FACTS: A police officer was on an “underage drinking detail”. The officer watched a driver pull into a gas station with a convenience store. A passenger got out of the car and went inside the convenience store to buy beer. The passenger came back out of the store with two six-packs, which he placed in the rear of the vehicle. The driver pulled out and the officer followed him. Because the driver “looked young”, the officer was suspicious of him and he ran his plate. The dispatcher said that the car was registered to house where a 50 year old man lived, but that the police had had “prior contact” with a 20 year old at that residence. The officer turned on his blue emergency lights and stopped the driver. When he saw the beer in the back seat he took the driver’s license, interrogated him about his age, then arrested him for allegedly violating New Hampshire law RSA 265-A:44, “Transportation of Alcohol by a Minor”, even though the driver was not drinking.
After the arrest, the driver hired Attorney Stevens to fight the DWI charge.
TRIAL: The state produced the testimony of the police officer who arrested the driver and the passenger who bought the beer. Attorney Stevens cross examined the two witnesses. At the conclusion of the trial, the driver was found NOT GUILTY.
RESULT: NOT GUILTY!!!
http://www.byebyedwi.blogspot.com
Attorney Stevens thanks God for this successful
defense!!!
TODAY’S SCRIPTURE:
“The Lord is my light and my salvation; whom shall I
fear? The Lord is the defense of my
life; whom shall I dread?
When adversaries came upon me to devour my flesh, my
adversaries and enemies they stumbled and fell.
Though a host encamp against
me, my heart will not fear; though war arise against me, in spite of this I
shall be confident.”
Psalm 27:1-3.
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