Friday, May 28, 2010

Avoiding Unwanted Contacts With the Cops this Holiday Weekend

During this upcoming holiday weekend, your chances of being stopped and hassled are higher than ever due to roadblocks and aggressive seat belt law enforcement that will be taking place. This is because of the government issuing large amounts of money to stop cars to see if any one might be drunk. The problem with these roadblocks is that they don't detect many drunk drivers. Typically, the police have to stop about 100 cars, hoping to find at least one person who they even SUSPECT of a DWI. What they end up citing though are lots of other motor vehicle arrests, or people with warrants, just so they can report "SIX ARRESTED AT DWI CHECKPOINT," etc. If you peel back the onion you will find that only one or two were DWI arrests, and the rest were an array of irrelevant, sundry motor vehicle code offenses or benign inspection violations. If you plan on driving over the weekend, bear in mind the following tips:

1. Make Sure Your Inspection Stickers and Registrations Are Valid An important reminder if you are driving this weekend is to make sure that your car has a valid inspection sticker, as well as a valid registration. When you drive into a roadblock, or even drive by the police this weekend without a valid inspection sticker you can count on being stopped and hassled. The police will take any chance they can get to pull you over for any reason! Like all other motor vehicle codes, the police often co-opt this to see if you have been drinking or have drugs in your car. The penalty for a violation of this section of the motor vehicle code is $60, but the real penalty is when the police smell alcohol or suspect that you have been drinking after stopping you for the lack of an inspection sticker. Many drivers who are initially stopped for this minor violation end up charged with DWI, DUI or OUI. AVOID one potential for this by making sure your inspection stickers are up to date.

2. Make Sure Your Plate Lights and Other Lights Work Everyone driving at night should check their brake lights, plate lights, and other lighting, as well as their inspection stickers and license plates, to avoid some unwanted interaction with police. The most unoriginal of motor vehicle stops begin with a passive equipment violation such as those I've just mentioned. In these types of stops, the driver is not exhibiting any signs of impairment. In fact, the driver may be following all rules of the road - obeying the speed limit, maintaining appropriate lane control, steady driving - but he finds himself in the flashing blue glow of police lighting wondering why he was stopped.

This high number of stops for equipment violations in recent years is not because the police have taken a sudden interest in the functioning of plate lights, or their concern for whether drivers are using turn signals late at night when there is no one else on the road to signal. Rather, the police have a broader goal: the police have co-opted the motor vehicle code to fight the war on drugs, and many DWI arrests ensue after these stops when the police can't find any drugs after the stop.

Avoid giving the police some of these chances to legally stop you by making sure that all your lights are functioning, your registration and inspection stickers are up to date, and your license is valid.

PREPARATION FOR THIS WORST CASE SCENARIO - It is not a bad idea to prepare for this event. Have your license and registration in an easy place to find and an easy place to quickly and effortlessly produce upon demand. Don't put your license in a difficult spot to pull it out quickly when you need to. Practice taking your license out of your wallet in the safety of your home. CONSIDER GETTING A REGISTRATION HOLDER TO KEEP YOUR VEHICLE REGISTRATION IN. If you do not have one send me an e-mail with your mailing address and I will send you a registration holder for every one of your vehicles free of charge. Then practice producing your license and registration fairly frequently. It will make it easier to do if you ever have to produce them under a pressurized roadside situation.


Have a safe weekend,

Mark Stevens

Visit: ByeByeDwi.com

Thursday, May 20, 2010

Switchblades, Stilettos, Daggers and Dirk-Knives To Be Legal In New Hampshire by NH Criminal Defense Lawyer Mark Stevens 1-603-893-0074

New Hampshire House Bill 2009 H.N. 1665 was signed into law today after cruising through both the house and the senate. The bill, sponsored by Representative Coffey (Merrimack 6), amended RSA 159:16, Carrying or Selling Weapons by removing the prohibition against carrying switchbaldes, stilletos, daggers or dirk-knives. The mere possession of these types of knives, even if carried for an otherwise law-abiding purpose, had previously been classified as a misdemeanor under New Hampshire criminal law. Black jacks, slung shot and brass knuckles ("metallic knuckles") remain banned under the revised law.

Have a safe night,
Mark Stevens
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 1-603-893-0074

http://www.ByeByeDWI.com

http://www.nhdwilaws.com

http://www.twitter.com/byebyedwi

Monday, May 10, 2010

New Hampshire Drug Laws: RSA 318-B:14- How You Can Become a Felon Putting Your Own Medications in Your Purse or Pocket

Did you know that if you take some of your own prescription pills out of their prescription bottles and put them in your purse that you can be convicted of a felony in New Hampshire? Crazy law? Crazy but true.

In 1838 in Oliver Twist, Charles Dickens dealt with, among other things, the bizarre English law of coverture, under which husbands were lawfully responsible for any acts committed by their wives. In that literary classic, Dickens' character Mr. Bumble is informed that the law supposes that his wife acted under his direction if she committed any legal wrongdoing. Mr. Bumble's famous retort went like this:

"If the law supposes that ...the law is a ass-a idiot. If that's the eye of the law, the law is a bachelor ..."

While the old English law of coverture that astonished Mr. Bumble has fortunately passed away, today's topic is an odd New Hampshire drug law that many unsuspecting New Hampshire citizens find themselves victimized by. It is RSA 318-B:14, Authorized Possession of Controlled Drugs by Individuals. Most citizens may say to themselves, "I don't need to worry about the drug laws, I only take drugs when lawfully prescribed by a doctor". Logic would say so.

But in New Hampshire if you take your lawfully prescribed controlled drugs out of the original prescription container and put them in your pocket or any other container, except for a couple of unusually cumbersome exceptions, you can be prosecuted for illegal possession of a controlled drug. That's right, illegally possessing your own medications that have been legally prescribed to you by a doctor. And if your prescriptions are for controlled drugs, this simple act is considered a felony. So, if you get convicted of this you face a state prison sentence, the prospect of losing your right to possess a gun, hunt, vote, and probably foreclosing the possibility of getting any sort of decent job again. I have posted below the language of this law. What would Mr. Bumble say about this drug law?

New Hampshire Drug Laws

CHAPTER 318-B: Controlled Drug Act
RSA 318-B:14 (2009)

318-B:14 Authorized Possession of Controlled Drugs by Individuals.


I. An individual to whom or for whose use any controlled drug has been prescribed, sold, or dispensed by a practitioner or pharmacist, or other person authorized under the provisions of RSA 318-B:5 or 8, and the owner of any animal for which any such drug has been prescribed, sold or dispensed by a veterinarian, may lawfully possess it only in the container in which it was delivered to him by the person selling or dispensing the same.

II. Notwithstanding the provisions of paragraph I, a person may lawfully possess a controlled drug other than in the container in which it was delivered to him by the person selling or dispensing the same, under the following conditions:

(a) A person may possess one or more types of controlled drugs in a container which has been properly labelled by the person authorized to sell or dispense the same. The label shall show the name, address, and registry number of the pharmacy and the name of the patient for whom the drug has been prescribed. For each drug, the prescription identification number and the name and strength of the drug dispensed shall appear on the label. Each drug may only be possessed in a quantity not more than that originally dispensed.

(b) A person may possess a controlled drug other than in the original container if that person has in his possession an identification card issued by the person authorized to sell or dispense the controlled drug. The identification card shall contain the same information as required by subparagraph II (a). Each drug may only be possessed in a quantity not more than that legally dispensed.

(c) A person may possess a controlled drug other than in the original container if the non-original container is a medication organizer designed to aid the person in carrying out the prescriber's directions and the non-original container was organized by a nurse licensed under RSA 326-B who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2, and who is acting in the course of employment, provided the original prescription containers remain in the person's possession.

Have a safe night,
Mark Stevens
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 1-603-893-0074

http://www.ByeByeDWI.com

http://www.nhdwilaws.com

http://www.twitter.com/byebyedwi

Tuesday, May 4, 2010

Guest Post Today by Becky Kate of Legal Brand Marketing

Thank you to Becky Kate of Legal Brand Marketing for contributing this article:

Got a DUI? What Should You Do Next? By Becky Kate, Legal Brand Marketing

Things couldn't get worse, it seems. You got arrested for a DUI and it feels
as if your life is over. Are you going to be able to drive again? Are you
ever going to get over the shame and embarrassment of this offense? Are you
now known as a criminal by your state? Is your life completely over?

It does seem like a DUI can ruin your life. In each state, DUI laws are
getting harsher year by year. You can lose your license, pay a heavy fine,
spend time in jail and even have your car equipped with an ignition
interlock device for a really long time.

However, with the right mindset and a responsible attitude, there is hope.
This is going to be a stressful and complicated point in your life, but if
you act quickly and take an active role, you will get through this and
eventually be able to move on with your life.

Act Quickly

The worst thing you can do is nothing. Don't wallow in your misery and
hopelessness - take control of the situation and get responsible.

1. Contact an experienced DUI attorney right away. You don't have to
plead guilty. You don't know all your rights or laws and regulations like an
experienced DUI attorney does. If you're unsure about where to start, I
recommend calling 1800 DUI LAWS (800 384 5297) or going to
http://www.1800DUILaws.com. This is a service that connects you with DUI lawyers near you. The consultations are FREE, and you deserve to speak with someone who knows DUI laws, in and out.

I know that money may be an issue. It seems to be the case for many of us
these days. Speak to your lawyer about how you can work out the payments.
Your freedom is worth the expense. Not to mention that a DUI will end up costing more in the long run. By many estimates, you'll end up paying $10,000 - $12,000
with a DUI conviction. (This cost comes from increased car insurance, lost
work days, taxi charges if you don't have a license, DUI classes, fines and
fees).

Take an Active Role

Remember this is your DUI; you need to be responsible and do what is best for you.

Becky Kate
Legal Brand Marketing
1-800-DWI-LAWS

Thanks again Becky!
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