|
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
EXAMPLE-MARCH 26, 2008
CLIENT CHARGED WITH:
MINOR
IN UNLAWFUL POSSESSION OF ALCOHOL
(RSA 179:10:
Unlawful Possession and Intoxication).
POLICE ARRESTED MAN AND CHARGED HIM WITH
UNLAWFUL POSSESSION OF ALCOHOL BY A MINOR
Sponsored by ByeByeDWI.com
Please note-this is an example of
the disposition of a recent
The officers
discovered dozens of people in the house, and they herded 30 people into one
room for interrogation. The officers
wanted the people to blow into small, hand held, battery operated gizmos that
are supposed to read a person’s alcohol level.
Some people chose to blow in the gizmos, some elected to exercise their right to refuse to do blow into the
battery operated gizmos. Some people
blew zeros, and others blew over the minimal .02 level necessary to charge some
one under this unusual law. The officers
arrested the people that blew higher than a .02 into the gadgets.
These gadgets,
called “PBTs” (Preliminary Breath Testers) are little
hand held gizmos that run on 2 AAA batteries, much like the remote control for
your TV. The police cannot currently
force you to blow into the PBT gadgets. The
gadgets do not print out a “result”. The
police arrested most of the party attendees and charged them with “internal possession
of alcohol” contrary to RSA 179:10.
One of those
arrested hired Attorney Stevens to fight the case.
DEFENSE: Reasonable
doubt and lack of proof. At the trial,
the officer who arrested the defendant testified that the defendant blew a .03
into the PBT gadget, and that he smelled like alcohol. Attorney Stevens argued that this proof was
insufficient as a matter of law to convict the defendant because the state had
not proved its case beyond a reasonable doubt.
The defendant was found NOT GUILTY!!!
TRIAL RESULT: NOT GUILTY AFTER TRIAL!!!
Attorney Stevens thanks God for this successful
defense!!!
Today’s Scripture
“And
just as Moses lifted up the serpent in the desert, so must the Son of Man be
lifted up on the Cross. In order that
everyone who believes in Him may not perish, but have eternal life and live
forever. For God so greatly loved and
dearly prized the world that He gave up His only begotten Son, so that whoever
believes in Him shall not perish, but have eternal life.”
JOHN 3:14-16.
Contact Information:
If you leave a voice message or send an email,
please include ONLY the following information:
I will call you back at the earliest opportunity.
Do NOT include any specifics about your case in a recorded voice
message or email. We will discuss
that on the phone, and in greater detail in person.
Back to Top of This Page
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.
Original Web Page Development by Randy Bone.
www.1-800-dial-dui.com
Copyright 2008, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.