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 New Hampshire DWI case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS:  Police were called to a residential home for allegations of a loud party.  Upon arrival at the scene, the officers saw a large number of young people standing outside the home.  Some were drinking alcoholic beverages, and some ran when the large number of officer arrived.  The police approached the door of the house and investigated. 

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.

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.