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 MONTH

Sponsored by ByeByeDWI.com

DRIVER STOPPED ON MOTORCYCLE FOR DRIVING THROUGH CONSTRUCTION ZONE. DRIVER ADMITS TO DRINKING 2 BEERS EARLIER. DRIVER THEN ALLEGEDLY FAILS 3 “FIELD SOBRIETY TESTS” AND REFUSES TO TAKE BREATH TEST AT POLICE STATION

BASIC FACTS:  Motorcycle rider stops at confusing construction site and tries to navigate is way through it.  Detail police officer tells him to stop and get off his bike while another officer arrives.  Second officer arrives and smells the usual “obvious odor of an alcoholic beverage coming from the driver’s breath”.  The driver admitted to drinking two beers and asked the defendant to take “field sobriety tests”.  The cooperative driver agreed to take the field sobriety tests.  The officer testified that the driver was “unsteady on his feet” as he dismounted from the motorcycle.  The driver performed a typical battery of roadside gymnastics:  a “horizontal gaze nystagmus test”, the “walk and turn” or “heel to toe test” and the “one-leg-stand test”.  The driver predictably “failed” all the tests.  The officer arrested the driver and charged him with DWI. 

At the police station, the officer asks the driver if he would take a breath test.  Although the driver was not drunk, he refused to take the breath test because he did not want to put his fate in the hands of the machine in the police station. 

TRIAL OUTCOME:  The state would not agree to reduce the charge.  Attorney Stevens challenged the field sobriety test “results”.  The defendant, who weighed 275 pounds, explained why he had difficulty performing the field sobriety test wearing his motorcycle boots.  When the state asked him why he didn’t take the breath test he explained that he heard they were not always accurate.  After trial, the defendant was found “NOT GUILTY” of “DWI”.  He paid no fine and he did not lose his license. 

RESULT:       NOT GUILTY VERDICT!!!

Attorney Stevens thanks God for this successful defense!!!





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