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.

DWI CASE EXAMPLE: WEEK OF APRIL 11, 2008

The New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a not guilty verdict after trial in a New Hampshire DWI case:

DRIVER CHARGED WITH DWI AFTER “WEAVING” AND

“MAKING A WIDE TURN”

DWI CASE EXAMPLE: POLICE OFFICER STOPPED A DRIVER AFTER SHE ALLEGEDLY “WEAVED OVER A WHITE LINE” THEN “MADE A WIDE TURN”.  AFTER SMELLING AN ODOR OF ALCOHOL AND INTERROGATING THE DRIVER, THE POLICE OFFICER ASKED HER TO PERFORM THE SIDEWALK ACROBATICS KNOWN AS “FIELD SOBRIETY TESTS”.  THE POLICE OFFICER THEN ARRESTED HER AND CHARGED HER WITH DWI.  SHE REFUSED TO BLOW INTO THE BREATH TESTING HOSE AT THE POLICE STATION.

READ ON TO SEE WHAT HAPPENED…

NOT GUILTY VERDICT: WEEK OF APRIL 11, 2008

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: A police officer followed a driver for a few minutes after one in the morning.  The officer saw the driver “weave” or “swerve” onto a white line, crossing it by the width of a tire.  The officer followed the driver as she made a turn and noted that the driver made a “wide turn”.  The officer activated the blue emergency lights on the police cruiser and stopped the driver.  The driver pulled her car over and waited for the officer to approach her window.  The officer demanded that the driver provide her license and registration.  The driver complied with this command.

After smelling a “moderate odor of alcohol”, the officer ordered the driver to step out of his car for the standard tri-fecta of “field sobriety tests”.  The driver decided to agree to perform the “tests”.  The officer conducted the “pen test” which is also known as the “horizontal gaze nystagmus test” or “HGN test”.  This is a roadside ritual in which the officer waives the pen and makes a conclusion that the driver is drunk based on the way her pupils move.  The driver agreed to perform the pen test, which she predictably “failed”.  Next the officer asked her to walk down a line in heel to toe fashion with her arms by his side.  The driver wore high heeled boots during the “heel to toe” line dance.  The officer then asked her to stand on one leg for 30 seconds, which she couldn’t do.  The driver was charged with DWI.  She elected to exercise her choice NOT TO BLOW INTO THE BREATH TESTING GADGET at the police station.  After the arrest, the driver hired Attorney Stevens to fight the DWI charge.

TRIAL RESULT:    NOT GUILTY ON DRIVING WHILE INTOXICATED (DWI/OUI/DUI) CHARGE!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Thus says the Lord: Keep justice, do and use righteousness, for My salvation is soon to come and My righteousness to be revealed.”

Isaiah 56:1.


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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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