Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@attorneymarkstevens.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.


CASE OF THE WEEK June 12, 2006

CLIENT BLOWS .31/.32 ON BREATH TEST

AGGRAVATED DWI CASE EXAMPLE: DRIVER BLEW A .31 AND A .32 ON HER BREATH TEST.  SHE WAS CHARGED WITH AGGRAVATED DWI AND THE STATE REFUSED TO REDUCE THE CHARGE.

SHE WAS FOUND NOT GUILTY

Sponsored by ByeByeDWI.com

CLIENT ARRESTED FOR AGGRAVATED DWI


Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guaranty of any particular result in any other case.

BASIC FACTS: The defendant was stopped for erratic driving.  She explained to the officer that her driving was erratic because she was drunk.  The officer tried to conduct field sobriety tests but the defendant was reluctant to do them because she did not feel well.  The officer arrested the defendant for DWI. At the police station the defendant agreed to take a breath test.  The first time she tried the breath test an error message came up that said “Invalid Sample”.  The next two attempts produced results of .31 and .32 approximately two minutes apart.

Despite the fact that the defendant had no criminal record and no prior DWI convictions, the state would not reduce the charge.  The defendant faced between 10 days and one year in jail, all because she cooperated and blew into the breath machine when the police asked her to.

The defendant elected to fight the accusation and go to trial on her Aggravated DWI charge.

DEFENSE:     Attorney Stevens challenged the admissibility of the test results because the breath test record indicated that important administrative rules regarding breath testing were not followed in this case.  The judge sustained Attorney Stevens’ objection to the admissibility of the test results.  The defendant was found “NOT GUILTY” of Aggravated DWI after trial.  She did not spend a minute in jail.  

RESULT:       NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!





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