New Hampshire DWI Case Victory

By Mark Stevens 603-893-0074

New Hampshire DWI Case Example:

April 17, 2009

Know Your Rights: http://www.ByeByeDWI.com

DWI CASE EXAMPLE: The police followed a motor vehicle for several miles.  During this time the vehicle allegedly was travelling 10 miles over the speed limit and constantly swerving over the yellow line (why the police allowed a driver to swerve over a yellow line while driving 10 miles over the speed limit remains a mystery, but perhaps it was in anticipation of bolstering a DWI stop). After watching the driver for a while the officer eventually turned on his blue lights and the driver stopped his car.

        The officer approached the driver’s side window and smelled an odor of alcohol coming from inside the car.  The officer interrogated the citizen about drinking; he told the officer that he had had a couple of beers earlier that night.  The officer made the usual rote observations chronicled during a DWI stop:  “flushed face”, red, bloodshot eyes, and “slurred, thick-tongued” speech.

        The officer ordered this citizen to get out of his car.  He had some balance issues when he got out. The officer then ordered him to perform “field sobriety tests”, the sidewalk gymnastics that immediately precede an arrest for DWI.  Once the citizen got out of his car, the police officer selected from the usual menu of observations that officers report in their DWI reports: “unsteady on his feet”, “swaying noticeably in a circular motion”, and other canned pre-arrest jargon.  The roadside Olympics in this case were the “magic pen test” and the “walk and turn test”, both of which the citizen allegedly failed.  He was arrested for DWI, otherwise known as “driving while intoxicated”.

        The officer then asked the driver if he would take a breath test and this citizen elected to blow into the black rubber breath test hose at the police station, placing his freedom at the whim of a crude gadget.   Because he blew a .17 (according to the gadget anyway), the police charged him with “aggravated DWI”.  The driver had no prior criminal record.  Despite having no criminal record, the police demanded that he go to jail because he had blown into the machine and the result was barely higher than the .16 threshold for an “aggravated DWI”.  That’s right, if you blow a high enough number into the breath hose you can land in jail for 10 days up to one year.  This is incarceration based on cooperation.  Choose carefully whether to put your liberty in the hose of a machine that operates on Sputnik-era technology.

This citizen hired Salem, New Hampshire criminal defense Attorney Mark Stevens to fight his aggravated DWI charge.

Note-this is one example of a recent New Hampshire DWI case victory. It is by no means a guarantee of any particular result in any other case.

TRIAL:       At trial, the state failed to prove beyond a reasonable doubt that this citizen was actually “aggravated DWI” and he was found not guilty on that charge, saving this citizen a stiff jail sentence for cooperating with the police! 

RESULT:    Not guilty verdict on aggravated DWI charge after trial!!!

A Call to Action:

Have you or a loved one been arrested?  If you have, you’ve probably just endured the worst day of your life.  Your anxiety level is probably the highest it has ever been.  It is important right now that you promptly take steps to protect your rights.  The Law Offices of Mark Stevens represents people accused of DWI and other crimes.  Call right now for a free initial consultation at 603-893-0074.  In New Hampshire call 1-800-DWI-LAWS.  We look forward to speaking with you.

Attorney Stevens thanks God for this successful defense!!!

http://www.byebyedwi.blogspot.com

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 evildoers came upon me to devour my flesh,         My adversaries and my 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 27:1-4.

Leviticus 19:36.

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