New Hampshire DWI Case Victory

By Mark Stevens 603-893-0074

New Hampshire DWI Case Example:

April 10, 2009

Know Your Rights: http://www.ByeByeDWI.com

DWI CASE EXAMPLE: The police were on the lookout for a particular motor vehicle that was allegedly operating erratically around lunchtime. There were several cell phone callers complaining about the driving.  The police identified the vehicle and began to follow it to amass “indictors of impairment” to later describe in court. After watching the driver for a while the officer turned on his blue lights.

        The driver did not immediately pull over when the officer activated his lights and the officer began activating his audible siren.  After a few bursts of the audible siren, the driver pulled over to the side of the road.  The officer approached the driver’s side window and smelled an odor of alcohol coming from inside the car, and he saw several empty alcoholic beverage containers in the car.  The officer interrogated the citizen about drinking; he told the officer that he had had a few drinks that morning.

        The officer ordered this citizen to get out of his car.  He had some balance issues when he got out. The officer then ordered him to perform “field sobriety tests”, the sidewalk circus tricks that immediately precede an arrest for DWI.  Once the citizen got out of his car, the police officer reported that he observed the usual menu of observations that officers report in their DWI chronicles: red glassy eyes, “obvious odor of alcohol coming from her person”, and the other rote observations.  The roadside Olympics in this case were the three standard calisthenics, all of which the citizen allegedly failed, he was arrested for DWI, otherwise known as “driving while intoxicated”.

        The officer then asked the driver if he would take a breath test and this citizen decided to blow into the black rubber breath test hose at the police station, placing his liberty in a crude gadget.   Because he blew a .28 twice according to the breath hose, the police charged him with “aggravated DWI”.  The driver had no prior criminal record.  Despite having no criminal record, the police demanded that he go to jail because he had blown into the machine and the result was higher than the .16 threshold for an “aggravated DWI”.  That’s right, if you blow a high enough number into the breath hose you can land in jail for 10 days up to one year.  This is incarceration based on cooperation.  Choose carefully whether to put your liberty in the hose of a machine that operates on Sputnik-era technology.

This citizen hired Salem, New Hampshire criminal defense Attorney Mark Stevens to fight his DWI charge.

Note-this is one example of a recent New Hampshire DWI case victory. It is by no means a guarantee of any particular result in any other case.

TRIAL:       At trial, the state cross examined the two police officers in the case and argued that the breath test was inadmissible.  The court agreed, and the breath test was thrown out, saving this citizen a stiff jail sentence for cooperating with the police! 

RESULT:    Aggravated DWI charge dismissed after trial!!!

A Call to Action:

Have you or a loved one been arrested?  If you have, you’ve probably just endured the worst day of your life.  Your anxiety level is probably the highest it has ever been.  It is important right now that you promptly take steps to protect your rights.  The Law Offices of Mark Stevens represents people accused of DWI and other crimes.  Call right now for a free initial consultation at 603-893-0074. We look forward to speaking with you.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“'You shall have just balances, just weights, a just ephah, and a just hin; I am the LORD your God, who brought you out from the land of Egypt.”

Leviticus 19:36.

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