New Hampshire DWI Case Victory

New Hampshire DWI Case Dismissed

By Mark Stevens 1-603-893-0074

April 7, 2010

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

DWI CASE EXAMPLE: A car went off the road in an icy rain storm.  Audiotapes of police officers before and after the crash indicated that the roads were so bad the arresting officer had called for the DPW to spread sand near the area where this citizen’s vehicle had left the roadway.  Although the vehicle only slid off the roadway a few feet, the police officers describe this common incident as a “crash” because “crash” sounds better for them in court than “a vehicle sliding a few feet off a road that is slipperier than a hockey rink” would sound in court. 

        The police went to the registered owner’s house and knocked on the door until he answered it.  The officer immediately began interrogating the vehicle’s owner about whether he had driven and whether he had been drinking.  Because the icy rain was pelting down, the officer stepped inside the owner’s home and continued his interrogation and DWI investigation.

        Another officer arrived and began the three part ritual that begins the DWI arrest process.  While inside his own home, he was subjected to “field sobriety tests”: a “follow-the-pen” test, a walk-and-turn test and a one leg stand test.  After allegedly “failing” these circus-monkey tricks, he was arrested for DWI and “conduct after an accident”, which is the name for “leaving the scene of an accident” under New Hampshire laws. 

        Aside from the fact that the citizen was in his home, he also was not drunk and his vehicle had not been damaged.  The police charged him with both crimes any way.  Despite the fact that they had violated the citizen’s Constitutional rights and he was not guilty of either of the two crimes charged, the state insisted on prosecuting him.  This citizen hired DWI defense lawyer Mark Stevens to defend him.

        Attorney Stevens challenged the illegality of the police entering this citizen’s home without a warrant.  During the trial, the Court granted the motion to suppress evidence (in other words, to throw all the evidence out because the citizen’s Constitutional rights were violated.  Once all the evidence was thrown out, the case was dismissed.

        This citizen had the courage to do the right thing and fight when his rights were violated.  You should too!  Call the Law Offices of Mark Stevens today for a free consultation at 1-603-893-0074.

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.

RESULT:    DWI dismissed.  “Conduct after Accident” case dismissed.

ALS RESULT:  This driver refused to blow into the breath testing hose at the police station, and the police sought a separate 180-day “administrative license suspension” from the DMV.  Due to a mistake by the police in prosecuting this citizen’s administrative license suspension action, however, that suspension was also dismissed.  This citizen did not suffer any suspension at all.

A Call to Action:

Have you been accused of DWI?  The Law Offices of Mark Stevens represents people accused of DWI.  Call right now for a free initial consultation at 603-893-0074.  In New Hampshire call 1-800-DWI-LAWS.  We look forward to speaking with you.

Attorney Stevens thanks God for this successful defense!!!

http://www.byebyedwi.blogspot.com

TODAY’S SCRIPTURE:

“Wash yourselves, make yourselves clean: put away the evil of your doings from before My eyes!  Cease to do evil.

Learn to do right! Seek justice, relieve the oppressed, and correct the oppressor.  Defend the fatherless; plead for the widow.

If you are willing and obedient, you shall eat the good of the land.

But if you refuse and rebel, you will be devoured by the sword.  For the mouth of the Lord has spoken it.”

Isaiah 1:16-17; 19-20.

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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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