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 EXAMPLE: WEEK OF JANUARY 11, 2008

CLIENT CHARGED WITH DWI AFTER RUNNING A STOP SIGN

DWI CASE EXAMPLE: POLICE STOPPED A DRIVER AFTER HE ALLEGEDLY RAN A STOP SIGN.  AFTER SMELLING AN ODOR OF ALCOHOL AND INTERROGATING THE DRIVER, THE POLICE ASKED HIM TO PERFORM THE SIDEWALK ACROBATICS KNOWN AS “FIELD SOBRIETY TESTS”.  THE POLICE THEN ARRESTED HIM AND CHARGED HIM WITH DWI.  HE REFUSED TO BLOW INTO THE BREATH TESTING HOSE AT THE POLICE STATION.

READ ON TO SEE WHAT HAPPENED…

NOT GUILTY VERDICT: WEEK OF JANUARY 11, 2008

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: A police officer observed a driver drive through a stop sign without coming to a complete stop.  The officer pulled out and activated his blue lights.  The driver pulled his car over and waited for the officer to approach his window.  The officer demanded that the driver provide him with his license and registration.  The driver complied with this command.

After smelling a “moderate odor of alcohol”, the officer ordered the driver to step out of his car for a “field sobriety test”.  The driver decided to agree to the “tests”.  The officer conducted the “pen test” which is also known as the “horizontal gaze nystagmus test”.  This is a roadside ritual in which the officer waives the pen and makes a conclusion that the driver is drunk based on the way his pupils move.  The driver agreed to perform the pen test, which he predictably “failed”.  Next the officer asked him to walk down a line in heel to toe fashion with his arms by his side.  The driver wisely told the officer that he had a medical issue which would prevent him from doing the “heel to toe” test.  The officer asked him to stand on one leg for 30 seconds.  The driver told him that he couldn’t do that either due to a medical condition.  The officer then asked him to do some exercises in which he tapped his thumb against his fingers.  The driver was charged with DWI.  He elected not exercise his choice NOT TO BLOW INTO THE BREATH TESTING GADGET at the police station.  After the arrest, the driver hired Attorney Stevens to fight the DWI charge.

TRIAL:           The state produced the testimony of two police officers and a civilian witness.  After cross examining the state’s witnesses, Attorney Stevens asked the Court to find the driver NOT GUILTY. 

RESULT:       NOT GUILTY ON DWI CHARGE!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

Wash yourselves, make yourselves clean;

Remove the evil of your deeds from My sight.

Cease to do evil.

Learn to do good;

Reprove the ruthless,

Defend the orphan,

Plead for the widow.

Isiah 1:16-17.





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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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