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 AUGUST 4, 2006

DRIVER ALLEGEDLY DRIVING 70 MPH IN A 30 ZONE; BLEW .09/.09 ON BREATH TEST AT STATION AND A .13 ON THE ROADSIDE BREATH TEST

DWI CASE EXAMPLE: DRIVER BLEW A .09 TWICE ON BREATH TEST AT THE POLICE STATION AFTER ALLEGEDLY BLOWING A .13 ON THE HAND HELD BREATH TEST GIZMO AT THE ROADSIDE.  HE ALLEGEDLY FAILED A HORIZONTAL GAZE NYSTAGMUS (HGN) TEST AND SLURRED LETTERS ON A TRICKY ALPHABET TEST.  HE WAS CHARGED WITH DWI-IMPAIRMENT, DWI-PER SE FOR BLOWING A RESULT OVER .08, AND “AGGRAVATED DWI” BECAUSE HE WAS ALSO SPEEDING

HE WAS FOUND NOT GUILTY OF ALL CHARGES

Sponsored by ByeByeDWI.com

CLIENT ARRESTED FOR DWI, DWI PER SE AND AGGRAVATED DWI

(.08 OR HIGHER BREATH TEST RESULT)

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: Drivers stopped for speeding at a rate over 30 miles in excess of the speed limit and crossing the yellow line.  The driver admitted drinking one large beer at a sports bar.  The officer conducted a brief series of field sobriety tests.  The officer performed the “follow the pen” routine and a partial alphabet test.  Despite the driver’s best efforts on all these tests the officer decided that the driver had failed the tests.  The officer asked another officer on the scene to administer a preliminary breath test (“PBT”).  The alleged result was .13.  The officer arrested the driver for DWI. At the police station the driver agreed to take a breath test.  The driver’s “results” were a .09.  The driver elected to fight the accusation and go to trial on his DWI charge.

DEFENSE:     Attorney Stevens learned that the simulator used to calibrate the PBT gizmo did not work and that the officer was not even certified to administer these tests.  The PBT “result” was excluded from evidence.  At trial, Attorney Stevens established the fact that the defendant’s behavior was normal and sober, and that his performance on the roadside acrobatics was excellent.  After trial, the judge agreed and found the defendant NOT GUILTY of all charges!!!

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.

Original Web Page Development by Randy Bone.
Copyright 2006, Attorney Mark Stevens, All rights reserved.
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