Important New Hampshire DWI laws update. In an important decision yesterday, the New Hampshire Supreme Court issued an opinion that proposed House Bill 1146, which would have eliminated our citizens' rights to an independent breath test after a DWI arrest, would be unconstitutional. By a 3-2 vote, the Justices ruled that the proposed house bill would violate the Due Process clause of the New Hampshire Constitution. This was a major victory for New Hampshire citizens and protects an important trial safeguard. I have attached a copy of the decision below.
http://www.courts.state.nh.us/supreme/opinions/2010/2010037opini.pdf">
Have a safe night,
Mark Stevens
Call the Law Offices of Mark Stevens for a free consultation for your case today at 1-603-893-0074.
http://www.ByeByeDWI.com
Wednesday, April 28, 2010
Thursday, April 15, 2010
No Warrant No Search-A DWI Case Victory by Attorney Mark Stevens 1-603-893-0074
The latest case victory on my web site involved a warrantless entry into a citizen's home by the cops who wanted to investigate a car accident and potential DWI. I successfully challenged the initial entry by the police into this citizen's home in a motion to suppress (throw out) all the evidence in the case based on the violation of his right to be free from warrantless government intrusions into the privacy of his home. After a hearing the Court granted the motion to suppress and the charges against the citizen were dismissed.
The cop's reason for wanting to enter the house to interrogate the homeowner, rather than question him through a screen door or outside the house, was because of a torrent of icy rain that was falling on the officer as he attempted to gather incriminating information form the citizen.
The Fourth Amendment protects us from the police entering our homes without a warrant. The Fourth Amendment arose in part from the "castle doctrine", or the principle that "a man's home is his castle", which developed over several centuries in England. In the mid 1700's, on both sides of the ocean concerns were growing about the British Crown invading private citizen's privacy interests of their homes in order to impose tax on their alcoholic cider.
Sir William Pitt, the elder, made historic remarks on March 10, 1763 regarding the freedom of man in his home from warrantless entries by the British government at the time. This speech, which influenced the authors of the Fourth Amendment, was made on the floor of the English Parliament, where Mr. Pitt was arguing against the searches being made to prosecute alleged violators of the infamous Cider Tax:
“The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter. All his force dare not cross the threshold of the ruined tenements.”
250 years later and the police still want to invade homes to investigate crimes. Remember, no warrant, no search! Politely decline to consent to any search without a warrant.
Have a safe night,
Mark
Call the Law Offices of Mark Stevens for a free consultation for your case today at 1-603-893-0074.
http://www.ByeByeDWI.com
The cop's reason for wanting to enter the house to interrogate the homeowner, rather than question him through a screen door or outside the house, was because of a torrent of icy rain that was falling on the officer as he attempted to gather incriminating information form the citizen.
The Fourth Amendment protects us from the police entering our homes without a warrant. The Fourth Amendment arose in part from the "castle doctrine", or the principle that "a man's home is his castle", which developed over several centuries in England. In the mid 1700's, on both sides of the ocean concerns were growing about the British Crown invading private citizen's privacy interests of their homes in order to impose tax on their alcoholic cider.
Sir William Pitt, the elder, made historic remarks on March 10, 1763 regarding the freedom of man in his home from warrantless entries by the British government at the time. This speech, which influenced the authors of the Fourth Amendment, was made on the floor of the English Parliament, where Mr. Pitt was arguing against the searches being made to prosecute alleged violators of the infamous Cider Tax:
“The poorest man may, in his cottage, bid defiance to all the force of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter. All his force dare not cross the threshold of the ruined tenements.”
250 years later and the police still want to invade homes to investigate crimes. Remember, no warrant, no search! Politely decline to consent to any search without a warrant.
Have a safe night,
Mark
Call the Law Offices of Mark Stevens for a free consultation for your case today at 1-603-893-0074.
http://www.ByeByeDWI.com
Saturday, April 3, 2010
New Hampshire's DWI Laws and "Aggravated DWI Laws" by NH DWI Lawyer Mark Stevens 1-603-893-0074
"So what am I looking at?" This is a question that arises soon after the aftershock of an an arrest in New Hampshire for either DWI or aggravated DWI. There a number of possible final outcomes to a DWI case, some good, some bad. If you are found not guilty after fighting the case, you do not get convicted and you avoid a host of other horrible direct and collateral consequences. If you are convicted, here are the potential penalties, found in New Hampshire DWI penalties law RSA 265-A:18. As you can see, these are very serious potential consequences. You should consult with a lawyer who focuses entirely on DWI cases immediately after your arrest.
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 subparagraph (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 subparagraph (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 subparagraph (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 subparagraph 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 subparagraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in the county correctional facility.
http://www.ByeByeDWI.com
http://www.ByeByeDUI.com
http://www.youtube.com/nhdwilawyer
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 1-603-893-0074.
Have a safe night,
Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeDUI.com
http://www.ByeByeOUI.com
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 subparagraph (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 subparagraph (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 subparagraph (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 subparagraph 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 subparagraph IV(a)(3) shall be in contempt of court and shall serve a minimum of 14 days in the county correctional facility.
http://www.ByeByeDWI.com
http://www.ByeByeDUI.com
http://www.youtube.com/nhdwilawyer
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 1-603-893-0074.
Have a safe night,
Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074
http://www.ByeByeDWI.com
http://www.ByeByeDUI.com
http://www.ByeByeOUI.com
Subscribe to:
Posts (Atom)
