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-WEEK OF JULY 20, 2007

CLIENT CHARGED WITH:

OPERATING AFTER ADMINISTRATIVE LICENSE SUSPENSION

(RSA 263:64:  Driving After Revocation or Suspension).

POLICE STOP THE DEFENDANT’S CAR AFTER “RUNNING THE PLATE”

Sponsored by ByeByeDWI.com

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

BASIC FACTS:  Police were parked in a cruiser and watching cars drive by.  While none of the motorists were committing any moving violations, the police began to “run” license plates to see if any of them were suspended.  After “running” the defendant’s plate through a computer, the record check alleged that the owner of one of the cars had suffered an administrative license suspension (the suspension a driver receives if he or she exercises the right to refuse to blow into the breath testing gadget). 

The defendant’s administrative license suspension was later thrown out, but the computer showed it suspended on the day the officer ran the plate.  Therefore the defendant was charged with “operating after suspension or revocation”, a major (6-point) motor vehicle violation that carries additional license suspension time. 

The defendant hired Attorney Stevens to challenge the charge.

DEFENSE:     Attorney Stevens filed a motion to suppress all evidence of the running of the defendant’s plate, which he argued was illegal under New Hampshire’s “highway surveillance” statute.  The Court agreed, and suppressed all evidence against the defendant.

RESULT:       MOTION TO SUPPRESS GRANTED IN FULL.  ALL EVIDENCE IN THE CASE THROWN OUT!!!

Attorney Stevens thanks God for this successful defense!!!





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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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