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DWI CASE EXAMPLE: JANUARY 9, 2009

The New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a DISMISSAL after Attorney Stevens’ motion to suppress (throw out) all the evidence was GRANTED in a New Hampshire case involving charges of DWI, possession of marijuana, minor in possession of alcohol, and transportation of alcohol by a minor charges:

Driver charged with DWI and possession of marijuana, minor in possession of alcohol and transportation of alcohol after being stopped for speeding…

DWI Case Example

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http://www.byebyedwi.blogspot.com

DWI CASE EXAMPLE-BASIC FACTS: A police officer noticed a car in front of him driving too fast.  The officer activated his radar and clocked the driver travelling at a rate of 50 in a 35 mph zone.  The officer activated his blue lights and stopped the driver.  The driver pulled over to the side of the road.  The officer approached the driver’s window and demanded his license and registration.  The driver produced his license and registration and gave it to the officer.  The officer interrogated the driver about drinking based on an odor of alcohol coming from inside, which turned out later to be an open beer can.  The officer ordered the driver to get out of the car for “field sobriety testing”.  These are maneuvers in which the officer has the driver perform tricks much like those of a circus monkey prior to arresting the driver.  Even drivers who do well on these unusual tasks end up getting arrested and charged with DWI.

Once outside the car, the circus-monkey ritual began and ended.  The officer’s report described the usual “standardized clues of impairment” heard about during nearly every DWI trial.  The officer asked the driver to blow into the black rubber hose at the police station, but this citizen chose to refuse to give any more “evidence”. He refused to blow into the breath box.

This citizen hired Attorney Mark Stevens to represent him at trial.

New Hampshire DWI lawyer Mark Stevens 603-893-0074

http://www.ByeByeDWI.com

READ ON TO SEE WHAT HAPPENED…

DWI, POSSESSION OF MARIJUANA, TRANSPORTATION OF ALCOHOL AND MINOR IN POSSESSION OF ALCOHOL CHARGES ALL DISMISSED AFTER MOTION GRANTED: JANUARY 9, 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.

STRATEGY: Prior to trial, Attorney Stevens filed a motion to suppress all the evidence in this case, because the police had no legal basis for extending the seizure of this citizen without probable cause to do so.  The state argued that they needed to investigate suspected wrongdoing.  Relying on the state and federal constitutional protections against searches and seizures that are not supported by either a warrant or probable case, Attorney Stevens succeeded on the motion to suppress all evidence after making a written and oral argument to the Court.  The Court granted the motion to suppress all the evidence in the case.  The Court then dismissed the DWI, possession of marijuana, and all related charges.  Case dismissed!

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:  DWI, marijuana and all other charges dismissed!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Behold a King will reign in righteousness, and princes will rule with justice.

And each one of them shall be like a hiding place from the wind a shelter from the storm, like streams of  water in a dry place, like the shade of a great rock in a weary land.”

Isaiah 32: 1-2.

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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.