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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. |
DWI
CASE EXAMPLE: WEEK OF JUNE 27, 2008
The
DRIVER CHARGED WITH DWI AFTER “WEAVING”
DRIVER “FAILS” BLOOD TEST
DWI CASE EXAMPLE: POLICE OFFICER
STOPPED A DRIVER AFTER HE ALLEGEDLY “WEAVED WITHIN HIS LANE”. AFTER SMELLING AN ODOR OF ALCOHOL COMING FROM
INSIDE THE CAR AND INTERROGATING THE DRIVER, THE POLICE OFFICER ASKED HIM TO
PERFORM THE ROADSIDE OLYMPICS KNOWN AS “FIELD SOBRIETY TESTS”. EVEN THOUGH THE DRIVER PASSED THE FIELD
SOBRIETY TESTS HE WAS ARRESTED ANY WAY.
IT IS IMPORTANT TO NOTE THAT YOU DO NOT HAVE TO DO THESE ROADSIDE
ACROBATICS, AND IT IS LIKELY THAT ONCE YOU ARE ASKED TO DO THEM YOU WILL BE
ARRESTED NO MATTER WHAT THE “RESULTS”.
AFTER THE DWI FIELD SOBRIETY TESTING RITUAL WAS OVER THE POLICE ARRESTED
THE DRIVER AND CHARGED HIM WITH DWI. HE
CHOSE TO GIVE EVIDENCE AGAINST HIMSELF AND HIS BLOOD ALCOHOL CONCENTRATION
WAS A .03. BECAUSE HE WAS UNDER 21, HE
WAS SLIGHTLY OVER THE “PER SE” STANDARD OF .02 BLOOD ALCOHOL
CONCENTRATION. BECAUSE HE COOPERATED WITH THE POLICE AND GAVE THE BLOOD ALCOHOL
ERVIDENCE THAT THE POLICE WANTED, THE DRIVER WAS “REWARDED” WITH A SECOND
CRIMINAL DWI CHARGE, THIS ONE FOR DRIVING WITH AN ALCOHOL CONCENTRATION ABOVE
.02. CHOOSE WHETHER TO GIVE EVIDENCE
AGAINST YOURSELF CARFEULLY
READ
ON TO SEE WHAT HAPPENED…
DWI CASES DISMISSED: WEEK OF JUNE 27, 2008
http://www.byebyedwi.blogspot.com
Please note-this is an example of
the disposition of a recent
After smelling a “moderate odor of alcohol”, the officer ordered the driver to step out of his car for the customary DWI tri-fecta of “field sobriety tests”. The driver decided to agree to perform the “tests”. The officer conducted the “pen test” which is also known as the “horizontal gaze nystagmus test” or “HGN test”. This is a roadside ritual in which the officer waives the pen and makes a conclusion that the driver is drunk based on the way her pupils move. The driver agreed to perform the pen test, which he surprisingly “passed”. Next the officer asked him to walk down a line in heel to toe fashion with his arms by his side. The driver showed only minor transgressions on this exercise. Despite passing the first two field sobriety tests, the officer plowed ahead and conducted another one: the “one leg stand” test. The officer then asked the driver to stand on one leg for 30 seconds, while counting one, one thousand, two, one thousand all the way up to “thirty, one thousand”. The driver performed that test perfectly. Despite near flawless performance on all the field sobriety tests, the officer charged the driver with “driving while intoxicated” (“DWI”) any way. The driver chose to give blood for the police to use as evidence against him, which resulted in a .03 blood alcohol concentration. After the arrest, the driver hired Attorney Stevens to fight the DWI charges.
http://www.byebyedwi.blogspot.com
RESULT: Attorney Stevens filed a motion to dismiss these charges. The motion to dismissed was granted. DWI CHARGES DISMISSED!!!
Attorney Stevens thanks God for this successful
defense!!!
TODAY’S SCRIPTURE:
“Woe to those who call evil good and good
evil; who put darkness for light and light for darkness, who put bitter for
sweet and sweet for bitter!
Woe to those who are wise in their own eyes and
prudent and shrewd in their own sight!”
Isaiah 5:20-21.
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