2.20.2007

DWI Case of the Week posted February 12 2007

Hello everyone. In addition to the ALS case of the week mentioned here yesterday I have also posted a DWI case of the week on my web site. This case was dismissed after the court granted a motion to suppress all the evidence obtained in an illegal road block. The details are up on the front page of my web site:
www.ByeByeDWI.com

Thanks for reading.
Mark Stevens

4 comments:

  1. how can a roadblock be illegal if its the cops that do it?

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  2. Hello. There are three primary ways that we challenge the legality of a road block:
    1. A challenge that the state did not comply with the New Hampshire roadblock statute (RSA 265:1-a);
    2. A state constitutional challenge under Part 1, Article 19 of the state constitution.
    3. A federal challenge under the Fourth Amendment.
    The case mentioned on my web site:
    www.ByeByeDWI.com
    involved a three part challenge, and the court ruled that we won on the first issue, anmely that the state failed to comply with the road block statute.
    Mark Stevens

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  3. If the court finds the roadblock illegal does the dwi get thrown out.

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  4. yes. if the court grants a motion to suppress the evidence obtained in a road block (throws out the road block evidence as you put it), the case will eventually be dismissed because there would be no other evidence.
    Mark

    ReplyDelete