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.

New Hampshire Criminal Defense Lawyer Mark Stevens

1-603-893-0074 FREE CONSULTATION

www.ByeByeDWI.com

CASE EXAMPLE: January 6, 2012

UNLAWFUL POSSESSION OF ALCOHOL BY A MINOR CHARGE DISMISSED!

CASE EXAMPLE: The police responded to the scene of a house party at which alcohol was allegedly consumed by people under the age of 21.  When the police arrived, approximately a dozen people who looked youthful were in a house with a large supply of beer.  All present were arrested and charged with “unlawful possession of alcohol or intoxication by a minor”, which is a violation of New Hampshire law RSA 179:10.  One of them hired Attorney Stevens to fight the charge. 

WHAT HAPPENED?

Charge Dismissed January 6, 2012

Please note-this is an example of the disposition of a recent New Hampshire “minor in possession of alcohol” case. It is by no means a guarantee of any particular result in any other case.

OUTCOME:  This charge was dismissed due to a lack of evidence against this citizen.  Of the ten citizens charged with alcohol related offenses in this case, 9 plead guilty, lost their license, and had an alcohol conviction entered onto their state motor vehicle record, even though they weren’t driving.  Attorney Stevens’ client was the only person charged but not convicted in this case.    

http://www.ByeByeDWI.com

Below is the present version of New Hampshire’s “Unlawful Possession and Intoxication” statute:

 

RSA 179:10 (2011)

179:10  Unlawful Possession and Intoxication.

 I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.   

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

I have fought the good fight, I have finished the race, I have kept the faith.”

II Timothy 4:7

Call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation to discuss your alcohol charges.

 


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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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