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 OF THE WEEK-WEEK OF JULY 27, 2007

CLIENT CHARGED WITH:

POSSESSION OF CONTROLLED DRUG-MARIJUANA

(RSA 318:B  Possession of Controlled Drug)

POLICE STOP THE DRIVER AFTER “CROSSING THE WHITE FOG LINE” ON THE SIDE OF THE ROAD, END UP ARRESTING DRIVER FOR POSSESSION OF MARIJUANA

Sponsored by ByeByeDWI.com

Please note-this is an example of the disposition of a recent New Hampshire case. It is by no means a guaranty of any particular result in any other case.

BASIC FACTS:  Police officer stopped a driver for allegedly crossing over the white fog line on the right hand side of the travel lane.  The driver’s speed was normal and he did nothing else wrong.  Nonetheless the officer activated his blue emergency lights and stopped the driver’s car. 

The officer ordered the driver out of his car for investigation.  The driver complied with the exit order and got out of his car normally.  The officer directed the driver to the rear of his car and began to interrogate him about drinking and drug use.  After some interrogation the driver admitted that he knew of some marijuana in the vehicle.  The officer arrested the defendant and charged him possession of a controlled drug: marijuana.

The defendant hired Attorney Stevens to challenge the charge.

DEFENSE:     Attorney Stevens filed a motion to suppress all evidence of the stop of the driver’s car, which he argued was illegal under both the state and federal constitutions because the driver did not commit any violation of the motor vehicle code.  After a hearing at which Attorney Stevens cross examined the officer, the Court agreed, and suppressed all evidence against the defendant. The defendant’s case was dismissed.

RESULT:       MOTION TO SUPPRESS GRANTED IN FULL.  ALL EVIDENCE IN THE CASE THROWN OUT. CASE 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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