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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 restraining order issues. Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals. |
Publications
CASE EXAMPLE MIRANDA RIGHTS VIOLATED BY POLICE
Please note-this is an example of a New Hampshire DWI conviction that was reversed by the New Hampshire Supreme Court. It is by no means a guaranty of any particular result in any other case.
BASIC FACTS: Portsmouth police officers came upon the defendant standing next to his overturned vehicle in the Portsmouth Traffic Circle. The officers smelled an odor of alcohol coming from the defendant’s breath, and the defendant admitted consuming three drinks. The officer conducted three field sobriety tests: the “horizontal gaze nystagmus”(commonly referred to as “HGN”) test, the nine-step walk and turn test, and the one leg stand test. The officer decided to arrest the defendant based on his observations.
In the patrol car, the defendant advised the officer that he would not submit to a breath or blood test. The officer advised the defendant of his Miranda rights while he was in the patrol car. The officer testified that the defendant said that he understood these rights. There was no written waiver evidencing this exchange. There was no oral waiver of his Miranda rights either. Once at the station, the defendant was read his rights relative to the administrative license suspension (ALS) statute, and instructed to fill out a form requiring him to write his initials next to several questions.
About ten minutes after being read his Miranda rights in the cruiser, and immediately following the officer's instructions to respond to questions on the ALS form, the defendant was asked by the officer "approximately how much he had had to drink." Responding, the defendant indicated that he had one "Jack and Coke”, then he went to a local tavern where he said he had “three Jim Beam and waters." Prior to trial, the defendant filed a motion to suppress these statements because their admission at trial would violate his rights under Miranda. Without offering any basis for overruling the defendant's objections, the trial court admitted these statements.
DEFENSE: Attorney Stevens appealed the district court’s decision to the New Hampshire Supreme Court.
CASE RESULT: In a published decision, the New Hampshire Supreme Court agreed with Attorney Stevens’ argument that the defendant’s rights were violated and that the district court’s ruling was erroneous. The defendant’s DWI conviction was reversed. See State v. Duffy, 778 A. 2d 415 (NH 2001).
Attorney Stevens thanks God Almighty for all victories!