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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. |
By Mark Stevens 603-893-0074
August 26, 2009
Know Your
Rights: http://www.ByeByeDWI.com
DWI CASE
EXAMPLE: A citizen was stopped on
a highway for driving 93 mph, for ?taking a wide turn? and for crossing the white
fog line that marks the right hand boundary of the travel lane. The police officer activated his blue lights
and the startled citizen pulled over.
The officer directed the citizen through a pair of roadside gymnastics
called ?field sobriety tests?: the ?pen
test?, and the ?nine-step-walk-and-turn-test?.
The driver?s speech was slurred throughout his contact with the police. Under the police scoring system, this driver
scored 8 clues of impairment out of a possible total of 8 on the walk and turn
test. He could not touch the tip of the officer?s pen to start the pen test,
missing it three times. He also fell to
the ground and temporarily lost consciousness after walking 9 steps. The entire event was recorded on a cruiser
camera. After reviving him, the police
finished arresting him and brought him to the police station. He did not take a breath test. The citizen was charged with a DWI-subsequent
offense. He was facing up to a 5 year
loss of his right to drive and up to a year in jail and a $2000.00 fine if he
was convicted. He hired
Note-this is one example of a recent
TRIAL STRATEGY:
The defense in this case was that the driver was not intoxicated, but suffered
from medical impairments that appeared similar to intoxication. This case lacked the usual positive facts
that the driver did well during his encounter with the police, because he did
not really do anything well. His speech
was incoherent, he couldn?t touch or follow a pen, and he passed out after half
of a walk and turn test. Sometimes
things are not as they seem, though, and the defense that the issues this
citizen displayed on the video could have been attributable to his medical
conditions rather than alcohol was successful.
RESULT: Not
guilty!!!
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.
Maybe like this driver you were not drunk, intoxicated or impaired to
any degree whatsoever. 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. We look forward to speaking with you.
Attorney Stevens thanks God for this successful defense
http://www.byebyedwi.blogspot.com
TODAY?S
SCRIPTURE:
?I have fought the good
fight. I have finished the race. I have kept the faith.?
II Timothy 4:7.
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.
Original Web Page Development by Randy Bone.
Copyright 2009, Attorney Mark Stevens, All rights reserved.
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