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 OF THE WEEK: WEEK OF OCTOBER 26, 2007

CLIENT CHARGED WITH DWI AFTER STOP FOR ALLEGEDLY SPEEDING  

DWI CASE EXAMPLE: OFFICER STOPS CAR FOR SPEEDING SHORTLY AFTER MIDNIGHT.  AFTER A SERIES OF “FIELD SOBRIETY TESTS”, THE OFFICER ARRESTS THE DRIVER AND CHARGED HIM WITH DWI.  THE DRIVER REFUSED TO PUT HIS FATE INTO THE BREATH TEST BOX AT THE POLICE STATION.

READ ON TO SEE WHAT HAPPENED

NOT GUILTY AFTER TRIAL: WEEK OF OCTOBER 26, 2007

Sponsored by 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: Just after midnight, a police officer saw a car approaching him at a high rate of speed.  The officer used his radar to determine the driver’s speed to be 48 in a 30 mile per hour zone.  As the driver passed the cruiser, the officer tracked him on his “rear radar” and tracked the driver’s speed at 50 miles per hour.  The officer turned on his blue lights and made a u-turn to stop the driver.  The driver did not immediately stop, but when he did he stopped his car normally.  The driver was cooperative with the officer, and candidly told the officer that he had had 5 beers watching the Red Sox.  The officer then ordered the driver out his car for a battery of “field sobriety tests”.  These maneuvers are designed for the driver to fail, and the driver allegedly failed five of these “tests”.  The officer arrested the driver and charged him with DWI.  The driver decided not to risk blowing into the breath testing box at the police station; he decided not to “roll the dice” by blowing into one of these gadgets. 

After his arrest, the defendant hired Attorney Stevens to fight the DWI charges.

TRIAL STRATEGY AND DEFENSE:     Reasonable doubt.  By showing the many things the driver did correctly and normally, Attorney Stevens argued that the state did not prove the element of “impairment by alcohol” beyond a reasonable doubt, and the driver was found NOT GUILTY!!!   This driver avoided a DWI conviction. 

RESULT:       NOT GUILTY ON DWI CHARGES!!!

Attorney Stevens thanks God for this successful defense!!!

“For You have been a defense for the helpless, a defense for the needy in his distress, a refuge from the storm, a shade from the heat; for the breath of the ruthless is like a rain storm against a wall.”   Isaiah 25: 4.





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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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