Hand-held cellphone ban unanimously approved by Massachusetts legislative committee

Cell phone laws :
Here it comes. The latest nanny-state lawmaking would ban the use of hand held cell phones while drive in the Commonwealth of Massachusetts. The link below takes you to a story on Boston.com that describes the new legislative efforts to take your ability to use cell phones away while driving.

http://www.boston.com/Boston/metrodesk/2012/01/hands-free-cellphone-ban-unanimously-approved-massachusetts-legislative-committee/GnGEKwHE3yD9bfbpSnhH7L/index.html

If you have been accused by the police in New Hampshire of "DWI", "Driving Under the Influence of Alcohol and/or a Controlled Drug", "possession of marijuana", "possession of controlled drug"or any alleged motor vehicle or criminal offense, feel free to call Attorney Mark Stevens today at 603-893-0074 to arrange a free consultation to discuss your case.

"Field Test" By Cops For Cocaine Not Enough to Overcome Confontation Clause Problem

Massachusetts Drug Laws.  Two companion cases were decided and opinions published by the Massachusetts SJC on January 19, 2012 that involved appellate challenges to certificates of drug analysis.  The cases were: Commonwealth v. King, Case Number SJC-10844, and Commonwealth v. Billings, Case Number SJC-10847.  Both of these cases involved charges alleging that the defendants unlawfully distributed cocaine.  In both of these cases, the Commonwealth presented a "certificate of drug analysis" at trial, without the testimony of the analyst who tested the alleged drugs.  The Commonwealth also presented testimony that the arresting detective had "field-tested" the substances at issue and that the substance "tested positive" for cocaine in both cases.

It is well-settled in the wake of the 2009 United States Supreme Court ruling in Melendez-Diaz v. Massachusetts  that admitting a "certificate of drug analysis" at trial without affording the accused the opportunity to cross examine the person who tested the drugs violates the Sixth Amendment's Confrontation Clause.  In these cases the Commonwealth attempted to boot-strap "field-testing" by the police to the certificate of analysis to establish that the substance was cocaine.  The Supreme Judicial Court rejected the argument in both cases and reversed the drug convictions in both cases.

This makes logical sense as well as legal sense.  "Field testing kits" are screening tools used by the cops to determine whether a substance might be what they think it is.  The cops will send the substance to a lab for more scientifically reliable testing if the "field test" renders a positive reading.

To rely exclusively on a field test for cocaine to prove that the substance is really cocaine beyond a reasonable doubt would be like rushing out to buy baby clothes and furniture based entirely on a home pregnancy test without ever going to see a doctor for real testing.

If you have been accused by the police in New Hampshire of "Driving under the Influence of a Controlled Drug", "Driving Under the Influence of Alcohol and/or a Controlled Drug", "possession of marijuana", "possession of controlled drug"or transportation of marijuana, feel free to call Attorney Mark Stevens today at 603-893-0074 to arrange a free consultation to discuss your case.

New Hampshire's "Probationary License" Law: DWI, Aggravated DWI, Reckless Driving, and Possession of Drugs in a Motor Vehicle

New Hampshire DWI Laws One of the many forms of punishment that you should try to avoid by fighting your DWI charge is the New Hampshire Probationary License law found in the New Hampshire Motor Vehicle Code at RSA 265-A:35.  This law affects drivers who have been convicted of DWI, Aggravated DWI, reckless driving, and possession of controlled drugs in a motor vehicle.  Below is a copy of New Hampshire’s “probationary license law”, which explains how this law can affect New Hampshire drivers who have been convicted of those misdemeanors and violations under New Hampshire motor vehicle law:

TITLE XXI Motor Vehicles


Chapter 265-A Alcohol or Drug Impairment


Driving or Operating Under the Influence of Drugs or Liquor


265-A:35 Probationary Licenses.

I. Any person who shall apply for reissuance of his or her driver's license following revocation or suspension for an offense under RSA 265:79, RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 for an offense involving a vehicle is an "at risk" driver and his or her driver's license shall be probationary for at least 5 years following the date of reissuance.

II. No holder of a probationary license shall drive or attempt to drive a vehicle upon any way when he or she is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs, so that the alcohol concentration is 0.03 or more. Driving with an alcohol concentration of 0.03 or more is a per se violation of a probationary license and subjects the probationary license holder to administrative suspension of his or her driver's license for not less than 90 days and not more than 180 days. Such administrative suspension shall be in addition to any court imposed suspension or revocation periods.

III. Any probationary license holder whom the police have reasonable cause to believe is driving with an alcohol concentration of 0.03 or more and who refuses to submit to a test for alcohol concentration shall have his or her driver's license administratively suspended for a period of 90 days.

If you have questions regarding probationary license status in New Hampshire, or about New Hampshire DWI laws generally, feel free to call Salem, New Hampshire DWI Attorney Mark Stevens today at 1-603-893-0074 today for a free initial consultation.

New Hampshire Marijuana Defense Lawyer Mark Stevens 1-603-893-0074

New Hampshire marijuana laws If you have been arrested for possession of marijuana, possession of marijuana with intent to distribute, transportation of controlled drugs or other marijuana charges, or driving under the influence of a controlled drug, call New Hampshire criminal defense attorney Mark Stevens today at 1-603-893-0074 for a free intial consultation.  Here is a video explaining the harsh New Hampshire marijuana laws.



If you get arrested for DWI pr aggravated DWI alleging that you are under the influence of controlled drugs, even your own prescription medications, you are facing the same penalties as if you got convicted for driving drunk.  A copy of the New Hampshire DWI first offense penalties and New Hampshire Aggravated DWI penalties are listed below.


New Hampshire RSA 265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.

I. Except as otherwise provided in this section:

(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:

(1) Guilty of a class B misdemeanor;

(2) Fined not less than $500;

(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed, or been required by a court or the department of safety to complete, an impaired driver intervention program (I.D.I.P.) or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of the multiple DWI offender intervention detention center program (M.O.P.) or an equivalent 7-day residential intervention program approved by the commissioner of health and human services;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate; and

(6) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person's subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.

(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in sub-paragraph (c), shall be:

(1) Guilty of a class A misdemeanor;

(2) Fined not less than $750;

(3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive 24-hour periods or such other time as the court may order;

(4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) as soon as any circumstances approved by the department of health of human services allow;

(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other test as the court may deem appropriate; and

(6) A person who leaves the relevant driver intervention program required by sub-paragraph IV(a)(3) before completion and fails to return and complete it as soon as extenuating circumstances approved by the department of health and human services allow or who fails to begin following treatment recommendations within the time required by sub-paragraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in a county house of corrections.

If you are in New Hampshire and have questions regarding DWI, Aggravated DWI, DUI, OUI, or boating while intoxicated please feel free to call me at 603-893-0074.

Is a Cheap Bottom Tier Lawyer Just as Good?

If you were just arrested for DWI you just had a bad night. You were arrested, handcuffed and humiliated. A few days later you received some mail you didn't want. It was junk mail from some hack lawyers who say they will "handle" your DWI case for cheap. Your first reaction was probably revulsion. Your first impression of these lawyers was probably, "these clowns must be desperate for business; these junk-mail lawyers must suck". Trust your gut.

Imagine you got a flyer in the mail from an airline. It said "Below Average/Dirt Cheap Air: No One Else Will Fly With Us Cause We're Not Good, But We Are Cheaper than Real Airlines". The flier goes on to say "our pilots haven't flown many planes so they need passengers to practice on". Would you buy the cheap ticket?

If your license, your criminal record, your freedom and your good name matter to you, research carefully every lawyer you speak with. Speak to people you know in law enforcement, lawyers, court officers and people who have been through the difficult process of a New Hampshire DWI case themselves. Ask who they would hire, or recommend to a family member or loved one. None of the names that come up send out junk mail saying they will "handle" a case cheap. "Handle" to the junk mail lawyers, usually equates to helping you get convicted. If you want high quality representation, seek out the best, not the cheapest.


If you have been arrested for DWI, DUI, OUI or BWI in New Hampshire, call for your free initial consultation and case evaluation for your DWI, DUI, OUI or boating while intoxicated case:


Mark Stevens

5 Manor Parkway

Salem, NH 03079

1-603-893-0074


New Hampshire DUI/DWI laws. If you've been arrested or indicted for aggravated DWI, DWI, DUI, boating while intoxicated ("BWI"), or other crimes in New Hampshire, please call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free consultation today! We look forward to speaking to you!


Drivers considering whether to take a breath test after a first offense New Hampshire DWI arrest should carefully consider the fact that they may go to jail if they blow. A copy of New Hampshire's DWI first offense and Aggravated DWI first offense penalties are listed below.

New Hampshire RSA 265-A:18 Penalties for Intoxication or Under Influence of Drugs Offenses.

I. Except as otherwise provided in this section:

(a) Any person who is convicted of any offense under RSA 265-A:2, I shall be:

(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of the person's driver's license or privilege to drive, provided that, if the person has previously completed, or been required by a court or the department of safety to complete, an impaired driver intervention program (I.D.I.P.) or any similar program in any jurisdiction, the person shall be required to furnish proof of successful completion of the multiple DWI offender intervention detention center program (M.O.P.) or an equivalent 7-day residential intervention program approved by the commissioner of health and human services;
(4) The person's driver's license or privilege to drive shall be revoked for not less than 9 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. The court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) within 45 days after conviction, or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow;
(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other tests as the court may deem appropriate; and
(6) The court in which the person was convicted may reduce the conviction to a violation upon a motion filed by either party at least one year after the date of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person's subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant.
(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in sub-paragraph (c), shall be:
(1) Guilty of a class A misdemeanor;
(2) Fined not less than $750;
(3) Sentenced to a mandatory sentence of not less than 10 consecutive days of which 3 consecutive 24-hour periods shall be served in the county correctional facility and 7 consecutive 24-hour periods shall be served at the state-operated 7-day multiple DWI offender intervention detention center established under RSA 265-A:40, which sentence shall begin no later than 21 days after conviction. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, the person shall be assigned to an equivalent 7-day residential intervention program approved by the commissioner of health and human services. The person shall begin following any treatment recommendations arising out of the final evaluation given to the person at the multiple DWI offender intervention detention center or equivalent program within 60 days after the person has completed serving the required 7 consecutive 24-hour periods or such other time as the court may order;
(4) The person's driver's license or privilege to drive shall be revoked for not less than 18 months and, at the discretion of the court, such revocation may be extended for a period not to exceed 2 years. Except for good cause found by the court and noted in writing, the court may suspend up to 6 months of this sentence, provided that the person has entered into the relevant driver intervention program required by sub-paragraph (3) as soon as any circumstances approved by the department of health of human services allow;
(5) The sentencing court may sentence the person to additional alcohol and/or drug treatment and counseling, or to a treatment program approved by the commissioner of health and human services, or both. In addition, the court may require the person to submit to random urinalysis or such other test as the court may deem appropriate; and
(6) A person who leaves the relevant driver intervention program required by sub-paragraph IV(a)(3) before completion and fails to return and complete it as soon as extenuating circumstances approved by the department of health and human services allow or who fails to begin following treatment recommendations within the time required by sub-paragraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in


If you are in New Hampshire and have questions regarding DWI, Aggravated DWI, DUI, OUI, or boating while intoxicated please feel free to call me at 603-893-0074.

Happy New Year and Drive Safely!

 Happy New Year  from the Law Office of Mark Stevens!

Please drive safely this New Years Eve.

Are you facing a DUI, DWI , aggravated DWI, “minor in possession”, “unlawful intoxication by a minor” “reckless driving” or other criminal charges in a New Hampshire District Court or Superior Court?  Call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation. New Hampshire DWI laws, penalties and case examples. New Hampshire aggravated DWI laws.

 Under New Hampshire’s wierd aggravated DWI law there is “guilt by cooperation”, meaning that if you cooperate and blow into the breath test machine when the officer requests it, you can end up in jail.

 

Another motor vehicle law to watch out for is New Hampshire's reckless driving or "reckless operation" law.  Here is a text of the law:

New Hampshire's Reckless Driving Law

RSA 265:79

  Here is New Hampshire's 2011 version of its Reckless Driving Law:

RSA 265:79 (2011)

265:79 Reckless Driving; Minimum Penalty.

Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 for the first offense and $750 for the second offense nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.

If you have been arrested for DWI or aggravated DWI in New Hampshire please feel free to call me today for a free consultation. Attorney Mark Stevens 1-603-893-0074 or www.byebyedwi.com

 Have a Safe and Happy New Years Weekend!


Mark Stevens 
5 Manor Parkway
Salem, NH 03079

tel: 1-603-893-0074