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.


CASE EXAMPLE-JUNE 26, 2006

NOT GUILTY ON .12 BREATH TEST CASE

DWI CASE EXAMPLE: DRIVER BLEW A .12 AND A .13 ON HIS BREATH TEST.  HE ALLEGEDLY FAILED A MEDLEY OF SIDEWALK GYMNASTICS AND MIXED UP THE LETTERS ON A TRICKY ALPHABET TEST.  HE WAS CHARGED WITH DWI-IMPAIRMENT AND DWI-PER SE FOR BLOWING A BREATH TEST RESULT OF OVER .08.

HE WAS FOUND NOT GUILTY OF BOTH DWI CHARGES

Sponsored by ByeByeDWI.com

CLIENT ARRESTED FOR DWI AND DWI PER SE

(.08 OR HIGHER BREATH TEST RESULT)

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

BASIC FACTS: The defendant was stopped for “making a wide turn” and “crossing the white fog line”, common precursors to a DWI arrest.  He explained to the officer that he was tired after working a long day.  The defendant admitted drinking two drinks.  The officer conducted a series of field sobriety tests, so-called.  The officer performed the “follow the pen” routine, the “walk heel to toe test” and the “one leg stand test”.  Despite good performance on all these tests the officer decided that the defendant had failed the tests.  The officer arrested the defendant for DWI. At the police station the defendant agreed to take a breath test.  The defendant’s “results” were a .12.

The defendant elected to fight the accusation and go to trial on his DWI charge.

DEFENSE:     Attorney Stevens challenged the fact that the police had no lawful reason to even stop the defendant, that his behavior was normal and sober, and that his performance on the roadside acrobatics was excellent.  After trial, the judge agreed and found the defendant NOT GUILTY of both charges!!!

RESULT:       NOT GUILTY!!!

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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Copyright 2006, Attorney Mark Stevens, All rights reserved.
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