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 7:


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CLIENT REFUSES TO TAKE ANY FIELD SOBRIETY TEST AND REFUSES TO TAKE ANY BREATH TEST OR BLOOD TEST

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: Defendant stopped for speeding.  After police officer approaches his window and demands his license and registration, the officer reported that he smelled a “strong odor of alcohol” coming from inside the defendant’s car.  The defendant was able to get out his driver’s license but could not find his registration.

The defendant denied drinking any alcohol despite repeated questioning by the officer.  The officer asked the defendant to take field sobriety tests eight times.  The defendant refused to take the field sobriety tests all eight times.  The officer eventually arrested the defendant and charged him with DWI.

At the police station, the defendant refused to submit to a breath test.

DEFENSE:     Actual innocence.  Because there was very little evidence of impairment, and because the defendant wisely chose not to participate in the roadside gymnastics known as “field sobriety tests” when he was stopped, this driver was found NOT GUILTY” after a bench trial.

RESULT:       NOT GUILTY!!!

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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