DWI CASE EXAMPLE: SEPTEMBER 17, 2008

The New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a DISMISSAL after Attorney Stevens’ motion to suppress (throw out) all the evidence was GRANTED in a New Hampshire DWI case:

DRIVER CHARGED WITH DWI AFTER COPS STOP HIM FOR STOPPING SUDDENLY THEN SCREECHING HIS TIRES AND ACCELERATING RAPIDLY

THIS DRIVER REFUSED A BREATH TEST

DWI CASE EXAMPLE-BASIC FACTS: a police officer was running a speed trap late at night.  The officer was hiding in a driveway near an intersection.  The officer watched a driver approach the intersection “at a high rate of speed” and stop suddenly, allegedly “causing the rear of the car to jerk upwards”.  After this stop, the officer heard the driver’s tires squeal as the driver “accelerated quickly around the turn.”  The officer claimed this was unusual because the officer was playing the stereo in his cruiser very loudly, but he could still hear the driver’s tires squealing.  The officer turned off his loud stereo, turned on his blue lights and stopped the driver.

After the officer approached the citizen’s window, the officer reported noting the usual observations that police are trained to report whenever they arrest some one for DWI: the red eyes, slurred speech, bad balance, etc.  The officer directed the citizen to perform the roadside gymnastics known as “field sobriety tests”, which the citizen allegedly “failed”.

This citizen supposedly “failed” these unusual exercises, as most do, both drunk and sober alike.  After the DWI field sobriety ritual, the police arrested this man and charged him with driving while intoxicated (“DWI”). 

This driver elected not to blow into the black rubber breath hose at the police station.  He hired Attorney Mark Stevens to represent him at trial.

READ ON TO SEE WHAT HAPPENED…

DWI CHARGE DISMISSED DURING TRIAL: SEPTEMBER 17, 2008

http://www.byebyedwi.com

http://www.byebyedwi.blogspot.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.

STRATEGY: Prior to the scheduled trial, Attorney Stevens filed a motion to suppress all the evidence in this case, because the police had no legal basis for ever stopping this citizen’s car in the first place.  Relying on the state and federal constitutions, Attorney Stevens succeeded on the motion to suppress evidence after cross examining the police officer and making a written and oral argument to the Court.  After hearing Attorney Stevens’ arguments and the state’s arguments, the Court granted the motion to suppress all the evidence in the case.  With no evidence left, Attorney Stevens moved to dismiss the DWI complaint.  The Court granted the motion to dismiss the DWI case.

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:  DWI CHARGES DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Jesus said to them: “I am the bread of life; he who comes to Me shall not hunger, and he who believes in Me shall never thirst.”

John 6:35

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.
• Your telephone number and the best time to reach you.

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.

www.1-800-dial-dui.com

Original Web Page Development by Randy Bone.
Copyright 2008, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.