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.


WEEK OF SEPTEMBER 1, 2006

Sponsored by ByeByeDWI.com

OLD DWI CONVICTION VACATED AND THROWN OUT:

DRIVER HAD PLEADED GUILTY WITHOUT A LAWYER AND WITHOUT KNOWING THE CONVICTION COULD BE USED AGAINST HIM FOR YEARS

DWI CONVICTION THROWN OUT AFTER POST-CONVICTION MOTION BY ATTORNEY STEVENS GRANTED BY THE TRIAL COURT

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

BASIC FACTS:  In 2006, the driver was stopped and arrested for DWI.  During the arrest process he learned that he was being charged with a second offense. The basis for charging him with a second offense was that he had pleaded guilty to a violation level DWI offense in 2001.  At the time he pleaded guilty in 2001, he did not have a lawyer.  He simply answered no lo when the Court asked him how he wanted to plead at his arraignment in 2001.  He was not told that the conviction could come back to haunt him for years, or that any subsequent charges could lead to mandatory jail time. 

Attorney Stevens represented the driver in the 2006 case.  The first strategy in this case was to file a motion to withdraw the driver’s 2001 guilty plea and move to vacate his prior conviction because the plea was unconstitutional under both the federal standard of Boykin v. Alabama and the New Hampshire constitution as described in State v. Arsenault.    

DISTRICT COURT TRIAL OUTCOME:  The Court held a hearing on Attorney Stevens’ motion to withdraw the defendant’s guilty plea and motion to vacate his 2001 conviction.  After reviewing the record and the motion, and the state’s objection to all of the records, the Court GRANTED Attorney Stevens’ motion.  The driver’s 2001 conviction was vacated (thrown out).  The end result of all this was that it eliminated any possibility  of the driver going to jail, because it changed the driver’s 2006 case to a first offense due to the 2001 conviction being eliminated from his record.   

RESULT:       DWI CONVICTION VACATED!!!

Attorney Stevens thanks God for this successful outcome!!!





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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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