http://www.byebyedwi.com

http://www.byebyedwi.blogspot.com

DWI CASE EXAMPLE-BASIC FACTS: A police officer noticed the car in front of him “weaving”.  The officer watched the driver swerve from the white fog line on the right hand side of the lane to the solid yellow center line on the left hand side of the driver’s lane of travel.  The driver repeated this three times; then the officer activated his blue lights.

No doubt startled by the sudden blue strobe lights right behind him, the driver stopped in the middle of the road.  The officer told him to pull over to the right and he did.  Eventually the driver pulled into a parking lot and stopped his car.

The officer approached the driver’s window and demanded his license and registration.  The driver produced his license and registration and gave it to the officer.  The officer then asked the driver “if he would mind stepping out of the car so the officer can check if he was OK to drive”.  NOTE: if this notion is posed to a driver the driver is most likely going to be arrested no matter how the “check to see if he’s OK to drive” goes.

Here the driver decided to agree to perform the three part gauntlet of “field sobriety tests”.  Although his performance was unremarkable, he was arrested anyway and charged with driving while intoxicated “DWI”.

This citizen hired Attorney Mark Stevens to represent him at trial.

READ ON TO SEE WHAT HAPPENED…

DWI CHARGE DISMISSED AFTER MOTION GRANTED: NOVEMBER 25, 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 stopping this citizen’s car in the first place.  The state claimed that the officer relied on the “community caretaking exception” to the Fourth Amendment’s warrant requirement.  The “community caretaking exception” is a law enforcement favorite, a catch-all for when there is no probable cause to stop and arrest.  Relying on the New Hampshire and federal constitutions, Attorney Stevens succeeded on the motion to suppress all evidence after making a written and oral argument to the Court.  After hearing the arresting officer’s testimony, Attorney Stevens’ arguments, and the state’s arguments, the Court granted the motion to suppress all the evidence in the case.  The Court then dismissed the DWI complaints.

http://www.ByeByeDWI.com

http://www.byebyedwi.blogspot.com

RESULT:  DWI charge dismissed!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURES:

“I have fought the good fight, I have finished the race; I have kept the faith.”

II Timothy 4:7

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.