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 NOVEMBER 22, 2006

DWI -FIRST OFFENSE CHARGE DISMISSED

DWI CASE EXAMPLE: DRIVER ACCUSED OF DRIVING OVER A YELLOW LINE, WEAVING AND DRIVING “ALL OVER THE ROAD”; CHARGED WITH DWI AND TRANSPORTATION OF ALCOHOL IN A MOTOR VEHICLE

DWI AND OTHER CHARGE DISMISSED

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 guaranty of any particular result in any other case.

BASIC FACTS The defendant was stopped because she allegedly was “all over the road”.  After she stopped her car, a park ranger pulled in behind her and flashed his lights.  The park ranger told her to stay put until a local police officer arrived.  After the arrival of the police officer, the driver refused to do any field sobriety tests, refused to take a breath test, and refused to make any statements other than to profess her innocence.  She was arrested for DWI.  A search of her passenger revealed alcohol in his knapsack.  She hired Attorney Stevens to fight the DWI charge.

DEFENSE:     Attorney Stevens moved to dismiss the case because the driver had been illegally stopped.  Based on a careful review of the law regarding stops and seizures, the park ranger’s stop and seizure of the driver was illegal as he had no statutory authority to detain her from going about her business.  Attorney Stevens motion to dismiss was granted and the DWI charge was dismissed.  

RESULT:       DWI DISMISSED!!!

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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