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DWI CASE EXAMPLE: JANUARY 20, 2009

The New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a NOT GUILTY VERDICT after trial on a DWI charge:

Driver charged with DWI after a stop for marked lanes violations…

http://www.byebyedwi.com

http://www.byebyedwi.blogspot.com

DWI CASE EXAMPLE-BASIC FACTS: A police officer saw a car travelling in the opposite direction.  The driver was lost and missed his turn, so he made a u-turn and reversed direction.  It was late at night and no other cars were on the road except for the driver and the officer.  The driver then made his turn and proceeded down the road.  The officer claimed the driver “swerved into the opposite lane of travel so far that the vehicle in the opposite direction had to take evasive action to avoid a collision.” The driver then supposedly pulled into a schoolyard at which point the officer activated his blue lights and pulled behind him.  The officer approached the operator and demanded his license and registration.  The driver produced his license and registration and gave it to the officer, but his hands were shaking when he did so.  The officer smelled an odor of alcohol, then interrogated the driver about drinking.  The officer then ordered the driver to get out of his car to do “field sobriety testing”, the opening act of a DWI arrest.  These “tests” are maneuvers in which the officer has the driver perform tricks like a circus monkey prior to his or her arrest.  Even drivers who do well on these weird tasks usually end up getting arrested for DWI anyway.  The field sobriety testing circus began and ended with the usual result: the driver was arrested for DWI.  The officer’s report described the usual “standardized clues of impairment” heard about during nearly every DWI trial: red and “glassy” eyes, unsteady on his feet, blah, blah, yak, yak… 

After the field sobriety acrobatics, the officer asked the driver to blow into a hand-held, battery-operated “preliminary breath test” (“PBT”) gadget.  The “result” was supposedly a .10.  We’ll never know, because these little gadgets don’t even make a printout or any other kind of verifiable record.

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

New Hampshire DWI lawyer Mark Stevens 603-893-0074

http://www.ByeByeDWI.com

NOT GUILTY RESULT ON JANUARY 13, 2009

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.

TRIAL: At trial, the state presented the testimony of the arresting officer, after which Attorney Stevens cross examined him about all the signs of sobriety the citizen exhibited, and the officer’s interpretations of what these subjective “tests” really mean.  Attorney Stevens motion to exclude the alleged results of the battery-operated breath test gizmo was granted, so the alleged result was deemed inadmissible at trial.

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:  Not guilty of DWI!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Thus I tell you, there will be more joy in heaven over one wicked person who repents than over ninety-nine righteous persons who have no need of repentance.”

Luke 15:7

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