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.

New Hampshire DWI lawyer Mark Stevens 603-893-0074

http://www.ByeByeDWI.com

CASE EXAMPLE: SEPTEMBER 2, 2009

UNLAWFUL POSSESSION OF ALCOHOL BY A MINOR CHARGE DISMISSED!

http://www.ByeByeDWI.blogspot.com

CASE EXAMPLE: The police responded to the scene of a house party at which alcohol was allegedly consumed by people under 21 years old.  When the police arrived, 15 to 20 people were on the back lawn of the house.  Some one saw the police and yelled, ?Cops! Run!?  Many of those present were caught and arrested for ?unlawful possession of alcohol or intoxication by a minor?, which is a violation of New Hampshire law RSA 179:10.  One of them hired Attorney Stevens to fight the charge. 

READ ON TO SEE WHAT HAPPENED?

Motion to Dismiss Granted: September 2, 2009

Sponsored by ByeByeDWI.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.

BASIC FACTS: Salem, New Hampshire Attorney Mark Stevens moved to dismiss this charge, an alleged violation of New Hampshire law RSA 179:10 after the state offered its evidence. After hearing the argument on the motion, the Court granted Attorney Stevens? motion to dismiss, which saved this citizen a fine and a 90 day license loss.

RESULT:      Case dismissed!

http://www.ByeByeDWI.com

 

 

 

 

 

 

 

Below is the present version of New Hampshire?s ?Unlawful Possession and Intoxication? statute:

 

RSA 179:10  (2009)

179:10  Unlawful Possession and Intoxication.

 I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.   [Para. I as effective one day after the passage of the state operating budget for the biennium ending June 30, 2009; see also Para. I set out above]

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

http://www.ByeByeDWI.com

Attorney Stevens thanks God for this successful defense!!!

TODAY?S SCRIPTURE:

?I have fought the good fight, I have finished the race, I have kept the faith.?

II Timothy 4:7


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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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