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DWI CASE EXAMPLE: NOT GUILTY VERDICT DECEMBER 30, 2008

The New Hampshire DWI laws and penalties are harsh.  It may be a wise idea to explore fighting the charge rather than pleading.  Here is an example of a recent case victory-a not guilty verdict after a trial in a New Hampshire DWI case:

CAR ILLEGALLY PARKED, PARTIALLY BLOCKING TRAFFIC, DRIVER GOT OUT AND LOST BALANCE WHILE POLICE OFFICER WAS DRIVING BY.  AFTER A BRIEF INVESTIGATION BY THE OFFICER, THE DRIVER WAS ARRESTED FOR DWI AND ATTEMPTED DWI.

This driver exercised her right to refuse to blow into the black rubber breath test hose at the police station….

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

DWI CASE EXAMPLE: A police officer drove by a car that was illegally parked on a main street.  As the officer drove by he saw a woman leaning on the car for balance trying to get out.  When she got out she had only one shoe on and swayed and lost her balance when she got out.  After the officer slowed down to watch her, she got back into the car and turned it on.  The officer turned on his blue lights and the cooperative driver stayed put to speak with the officer.  The driver had some difficulty finding her license.      

The officer smelled an “odor of alcohol” coming from the driver’s car and interrogated the driver about alcohol consumption.  She told the officer that she had a couple earlier. The officer reported that the driver’s eyes were “red, bloodshot and glassy”, a hallmark of every DWI police report.  The officer ordered this citizen out of her car for a series of roadside acrobatics known as “field sobriety tests”.  This ritual has a predictable ending: once you are asked out of the car, you are probably not getting back into the car.  This driver elected not to do the field sobriety tests!  IT IS IMPORTANT TO NOTE THAT YOU DO NOT HAVE TO DO THESE ROADSIDE ACROBATICS.  The officer arrested this citizen and charged her with “driving while intoxicated” (“DWI”) and “attempted DWI”, both class B misdemeanors under New Hampshire DWI laws.  The citizen also refused to blow into the old rubber breath hose at the police station. 

READ ON TO SEE WHAT HAPPENED…

Not guilty verdict after trial: December 30, 2008

http://www.byebyedwi.com

http://www.byebyedwi.blogspot.com

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

The driver hired Attorney Stevens to fight her DWI charge.  At the trial, the state presented the testimony of two police officers: the officer who had arrested her and a second officer who conducted an “inventory search” of the citizen’s car during which he found one empty beer bottle.  At the conclusion of the trial, Attorney Stevens argued that the driver should be found not guilty of both charges.

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:      After the trial in this case, this driver was found NOT GUILTY!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For with God, nothing is ever impossible and no word from God shall be without power or impossible of fulfillment.”

Luke 1:37

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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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