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.

Speeding-102 miles per hour on I-293-Not Guilty April 4, 2011

Manchester District Court

Client charged with speeding in violation of RSA 265:60

http://www.ByeByeDWI.com

Please note-this is an example of the result of a recent New Hampshire motor vehicle case case. It is by no means a guarantee of any particular result in any other case.

Call Attorney Mark Stevens today at 1-603-893-0074 for a free case consultation

BASIC FACTS: In this highly publicized case, a man was driving his wife to the hospital to deliver their baby.  As he drove, his wife’s water broke and the emergency nature of the situation escalated.  The driver reached a speed of 102 miles per hour en route to the hospital. 

Meanwhile, a state trooper came up from behind, saw the driver and activated his blue emergency lights.  The driver then called 911 to communicate to the trooper why he was speeding and that he had a medical emergency.  The trooper then escorted the driver to a hospital in Manchester.  The healthy baby was born a minute later in the emergency room.  When the proud dad and driver came out of the emergency room he was greeted with a speeding ticket.

TRIAL:  The driver was represented by Attorney Stevens.  The case went to trial on April 4, 2011 in the Manchester District Court.  Prior to trial, Attorney Stevens filed a notice of defense of competing harms.  This is also known as a “justification” defense.  The theory of this defense is that when some one violates a law (in this case New Hampshire’s speeding law), to avoid a greater harm than the harm the law was designed to prevent, then it is a defense to the charged offense.

At trial, the state presented the testimony of the trooper.  Attorney Stevens presented the audio recording of the 911 call from the driver, a photograph of the driver’s wife and new born baby, and the emotional testimony of the driver’s wife.

RESULT:       Not guilty verdict.  No conviction, no license loss, no fine.

Attorney Stevens thanks God for this successful defense!!!

 

TODAY’S SCRIPTURE:

“Withhold not good from those to whom it is due; when it is in the power of your hand to do it.”

Proverbs 3:27

 

 

 

 

 

J.C. 4 4 2011 MDC


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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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