http://www.ByeByeDWI.com

Please note-this is an example of the disposition of a recent New Hampshire “Driving While Intoxicated” (“DWI”) case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: A police officer saw a truck by the roadside in a snow bank. The officer stopped to investigate.  Finding no one inside, but detecting an odor of alcohol coming from inside the truck, the officer began searching for the driver.  Eventually two officers located the driver on foot.  The police officers stopped him, interrogated him about drinking and driving, and directed the driver through a gauntlet of “field sobriety tests”, the activities that precede most DWI, DUI, and OUI arrests.  The driver decided to agree to the “field sobriety tests”.  The officer conducted a “follow-the-pen-test” which is also known as the “horizontal gaze nystagmus test”.  This is a roadside ritual in which the officer waives the pen and makes a conclusion that the driver is drunk based on the way his pupils move.  Next the officer asked him to walk down a line in heel to toe fashion with his arms by his side.  Finally, the officer asked him to stand on one leg for 30 seconds.  Although this driver did a commendable job on these sidewalk gymnastics, the officer arrested him anyway.  The driver was charged with DWI.  He elected to blow into the breath testing hose at the police station.  BECAUSE THIS DRIVER DECIDED TO COOPERATE WITH THE POLICE AND BLOW INTO THE BREATH TESTING HOSE HE WAS CHARGED WITH AGGRAVATED DWI, because the breath test box said his “result” was a .21.  He blew a .21 four times.  Because he had chosen to cooperate and blow into the machine this driver faced up to one year in jail, just because he submitted to a breath test!  After the arrest, the driver hired Attorney Stevens to fight the DWI and Aggravated DWI charges.

TRIAL:          The state produced the testimony of two police officers who arrested the driver.  Attorney Stevens cross examined the officers and argued that the defendant’s rights were violated during the roadside interrogation, and that all the evidence after the interrogation should be suppressed (thrown out).  At the trial, Attorney Stevens moved to DISMISS the charges.  The Court granted the motion to dismiss. 

RESULT:      AGGRAVATED DWI AND DWI CHARGES DISMISSED!!!

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For the law of the Spirit of life in Christ Jesus has set you free from the law of sin and of death.

For what the Law could not do, weak as it was through the flesh, God did; sending His own Son in the likeness of sinful flesh and as an offering for sin, He condemned sin in the flesh,

So that the requirement of the Law might be fulfilled in us, who do not walk according to the flesh but according to the Spirit.

For those who are according to the flesh set their minds on things of the flesh, but those who are according to the Spirit, the things of the Spirit.

For the mind set on flesh is death, but the mind set on the Spirit is life and peace,”

Romans 8:2-6.

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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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