BASIC FACTS: Police erected a roadblock in the middle of a busy street, a common recent practice throughout New Hampshire.  As drivers approached they saw a sea of flashing blue lights, police cars and uniformed police officers.  Some of the drivers were stopped at random, for no reason at all. 

As drivers approached the platoon of police officers in the roadblock they were directed to pull into a “screening bay” where they were ordered to produce their identity papers and interrogated about drinking.  Some drivers were ordered to get out of their vehicles and ordered through a battery of sidewalk gymnastics known as “field sobriety tests”.  The drivers were directed to perform a “follow the pen” exercise, walk in heel to toe fashion with their arms by their sides (like “walking the plank”), and to stand on one leg for half a minute.  After the roadside gymnastics some of the drivers were arrested for DWI.

One of the drivers accused of being intoxicated hired Attorney Stevens to fight the DWI charge.

DEFENSE:    Attorney Stevens filed a motion to suppress all the evidence in this case based on the illegality of the police roadblocks.  The motions to suppress were based on four grounds: that the police had failed to comply with the New Hampshire Roadblock statute, that the state had failed to follow its own guidelines regarding the operation of DWI road blocks, and that the roadblock violated the drivers’ state and federal constitutional rights to be free from illegal seizures and searches.

Two hearings were held at which the state and Attorney Stevens argued about whether the driver’s rights had been violated when he was stopped despite doing nothing wrong at all.

RESULT:      After a hearing on Attorney Stevens’ motion to suppress evidence, all evidence in this case was suppressed (thrown out!)

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“May all those who seek, inquire of and for You, and require You, rejoice and be glad in You; and may those who love Your salvation say continually, Let God be magnified!”  Psalm 70:4.

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.
• Your telephone number and the best time to reach you.

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.

www.1-800-dial-dui.com

Original Web Page Development by Randy Bone.
Copyright 2008, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.