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.


WEEK OF May 8, 2006

Sponsored by ByeByeDWI.com

DRIVER WINS APPEAL OF DWI SUBSEQUENT OFFENSE CONVICTION IN THE SUPERIOR COURT AFTER CONVICTION OF DWI SECOND OFFENSE IN THE DISTRICT COURT

BASIC FACTS:  The driver in this case was stopped for a very minor motor vehicle infraction on what must have been a very slow night for the police.  The officer approached her window and predictably smelled the “obvious odor of an alcoholic beverage coming from the driver’s breath”.  The driver admitted to drinking two beers. The officer then asked the defendant to take “field sobriety tests”, the precursor to a DWI arrest.  The cooperative driver readily agreed to take the field sobriety tests, unaware that would almost certainly lead to her arrest.  The officer testified that the driver “visibly swayed from side to side” as he was speaking with her, another pattern observation that the police are trained to make.  The driver then performed the usual series of roadside gymnastics:  a “horizontal gaze nystagmus test”, the “walk and turn” or “heel to toe test” and the “one-leg-stand test”.  The driver predictably “failed” all the tests, making the usual, scripted errors on all three tests.  The officer arrested the driver and charged her with DWI. 

At the police station, the officer asked the driver if she would take a breath test.  Although the driver was not drunk, she refused to take the breath test because he did not want to gamble her future on a machine in the police station that she knew nothing about. 

DISTRICT COURT TRIAL OUTCOME AND APPEAL:  The state would not agree to reduce the charge.  The state insisted on the client being convicted of a DWI subsequent offense and committed jail time.  The client wisely rejected this offer, as she would receive no benefit if she took it.  In the district court, the judge found the driver guilty on the above facts.  Attorney Stevens appealed the DWI conviction and the driver exercised her right to a jury trial because the offense charged was a DWI second offense.  Attorney Stevens asserted the driver’s demand for a speedy trial.  Because of the amount of the delays in bringing the defendant’s case to trial, none of which were the defendant’s fault in any way, Attorney Stevens filed a motion to dismiss the DWI charge in the Superior Court.  The State objected to the motion to dismiss.  The state had to agree that the delays were not the defendant’s fault, but argued that the delays were not a big deal.  The Superior Court DISMISSED the defendant’s DWI charges, ruling that the defendant’s right to a speedy trial were violated.   

RESULT:       DWI SECOND OFFENSE CASE DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!





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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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