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Law Office of Mark Stevens
5 Manor Parkway Salem, NH 03079 Telephone: (603) 893-0074 Fax: (603) 893-5022 info@byebyedwi.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
EXAMPLE: WEEK OF MAY 19, 2008
CLIENT CHARGED WITH DWI AND POSSESSION
OF DRUGS
CASE EXAMPLE: DRIVER CHARGED WITH POSSESSION
OF A CONTROLLED DRUG AND DWI AFTER RUNNING OUT OF GAS. THE DRIVER SUBMITTED TO A BREATH TEST THAT
ALLEGED A
READ ON TO SEE WHAT HAPPENED…
CHARGES DISMISSED: WEEK OF MAY 19, 2008
Please note-this is an example of
the disposition of a recent
BASIC FACTS: A police officer came upon a car that was out of
gas. The officer noticed some empty beer
bottles near the car and interrogated the driver about drinking. The driver admitted having two beers earlier. The officer smelled “an odor of alcohol”, and
noted “slurred speech”, and then asked the driver to perform “field sobriety
test”. The driver decided to agree to
the “tests”. The officer conducted the “waiving
the pen test” which is also known as the “horizontal gaze nystagmus test” or “HGN test”. In this sidewalk ritual the officer waives
the pen and makes a conclusion that the driver is drunk based on the way his or
her pupils move. The driver agreed to
perform the pen test, which she predictably “failed”. Next the officer asked her to walk down a line
in heel to toe fashion with her arms by her side. The driver made a few minor mistakes
according to the police manual on this exercise. She also could not withstand the “one leg
stand” ordeal, which requires to stand perfectly still with their arms by their
side and one foot in the air for a half a minute without swaying or hopping. At the end of all this, the driver was
charged with DWI. She elected to blow
into the breath testing hose, which printed out a readout of .08 twice. During a post-arrest search of her car the
police found prescription medications on the floor and also charged her with
possession of a controlled drug without a prescription.
After the
arrest, the driver hired Attorney Stevens to fight the DWI and drug charges.
RESULT: Attorney
Stevens proved that the prescription drug was not on the official schedule of
controlled drugs and the drug charge was dismissed. After a motion to dismiss by Attorney Stevens
the DWI charges were also dismissed.
DWI AND DRUG
CHARGES DISMISSED!!!
Attorney Stevens thanks God for this successful
defense!!!
TODAY’S SCRIPTURE:
“Thus says the Lord:
Keep justice, do and use righteousness, for My
salvation is soon to come and My righteousness to be revealed.”
Isaiah 58:1.
Contact Information:
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and does not constitute an
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with the Mark Stevens
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Copyright 2008, Attorney Mark Stevens, All rights reserved.
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