DUI/DWI laws. Here is a radio show I did on May 12, 2011 on WCCM radio AM 1110. Included topics are some tips on trying to avoid unwanted police contacts during the summer time:
TRANSCRIPT:
(After introductions by WCCM's Bruce Arnold):
Mark Stevens: Good morning every body this is "Lawyer Up" which is what you should do if the police want to talk to you.
Bruce Arnold: Did you see the other Attorney? Did you see Jason in the parking lot?
Mark Stevens: I saw Jason leaving I saw him in the parking lot and I've got to say it looked he was driving pretty quick; I know he always listens to this station all the time
Bruce Arnold: Sure he does.
Mark Stevens: ... so he's probably listening now and I'd like to admonish him to obey the rules of the road as he heads back up to Salem. I always travel at a safe and reasonable and prudent speed as I know you always do Bruce...
Bruce Arnold: Yes, sir!
Mark Stevens: And obeying the rules of the road is a good thing to think about because the summer is coming and police activity is usually stepped up around this time, and I want to talk this morning about how to avoid some unnecessary, unwanted contacts with the police, to the extent that you can. One thing that you can do, it's an easy precaution to take, and something the police are on the lookout for, is that your license, registration and inspection sticker for your vehicles are up to date. If those things are expired or your car is uninspected you are going to get stopped. So an easy thing to do is double and triple check that those things are up to date and your stickers are on. Don't give them a cheap shot at stopping you. Then they start getting frisky and looking around and finding stuff you might not want them to find.
Mark Stevens: I'm not saying any one listening has any thing like that in their car but if you do, you don't want them to find it. The police use the motor vehicle laws to stop people and a common one now is for lights that are out. So you want to check Bruce your headlights, your brake lights and your plate lights and everything like that because if they're out you're getting stopped.
Bruce Arnold: The inspectiuon stickers too.
Mark Stevens: Yes, those too. That's a really common reason to get stopped. it's easy to forget about if your car is working well. You don't always think about it but the police are always thinking about it. So if you drive by them without the sticker, especially between midnight and 2:00 a.m., when they're looking for DWI and OUI cases, and drug cases, you are going to get stopped. You want to make sure you don't give them an easy pass to stopping you. The obvious things are don't speed, don't cross over the yellow lines, use your directionals, but it's the little things that come back and bite you. You should have some body help you and make sure all your lights are working, including your brake lights.
Mark Stevens: Make sure your plate lights are working; those are the lights that illuminate the license plate. That's a common reason for stops that lead to a DWI arrest. It's not because the cops have a keen interest in plate lights and light bulbs; it's because it gives them a chance to pull you over, and sometimes it goes down hill from there...
Bruce Arnold: I bet it does....
Have a safe night,
Mark Stevens
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 603-893-0074
http://www.ByeByeDWI.com
Friday, May 27, 2011
Friday, May 13, 2011
When You Get Bad Mail From the State About Your Blood Test Results
The mail carrier asks you to sign for a letter and you are dismayed to see that it is from the police department that arrested you a few weeks earlier. Inside there is a letter stating that the state intends to use the blood test results against you in court.
For whatever reason, on the night of your DWI arrest you agreed to let them have a sample of your blood so that they could use the "results" against you later. Now you open the envelope and see that the arresting department has forwarded the alleged blood results to you in the form of a letter from the New Hampshire state lab. What to do?
There are some critical time limits you should be aware of in order to preserve your statutory rights. In New Hampshire you have to file a notice of intent to challenge the piece of paper from the lab or you will waive an important statutory right to challenge the alleged results. I have copied below a couple of paragraphs from the New Hampshire statute that applies to these types of blood alcohol test results:
TITLE XXI Motor Vehicles
Chapter 265-A Alcohol or Drug Impairment
Driving or Operating Under the Influence of Drugs or Liquor
RSA 265-A:12 (2011)
265-A:12 Official Record of Tests.
I. Any person who is arraigned on a charge arising under RSA 265-A:4 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct and result of said test.
...
IV. A copy of the appropriate form filled out and signed by the person who took the sample for the alcohol concentration test in question shall be admissible evidence that the sample was taken by such person at the stated time on the stated date according to the procedures prescribed in the rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V.
V. Any person who is arraigned on a charge arising under RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 shall file, within 10 days of such person's receipt of the results of any toxicology test administered to such person for the presence of any controlled drug, a notice in said court requiring the attendance of the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the certifying scientist at trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct of the result of such test.
Take action! As you can see, time is of the essence when you receive this bad news in the mail. Contact me as soon as you get any correspondence from the state regarding your case, especially chemical test results, in order to make every effort to preserve every right you have under the New Hampshire laws and under the Constitution. I look forward to hearing from you.
Have a safe night,
Mark Stevens
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 603-893-0074
http://www.ByeByeDWI.com
For whatever reason, on the night of your DWI arrest you agreed to let them have a sample of your blood so that they could use the "results" against you later. Now you open the envelope and see that the arresting department has forwarded the alleged blood results to you in the form of a letter from the New Hampshire state lab. What to do?
There are some critical time limits you should be aware of in order to preserve your statutory rights. In New Hampshire you have to file a notice of intent to challenge the piece of paper from the lab or you will waive an important statutory right to challenge the alleged results. I have copied below a couple of paragraphs from the New Hampshire statute that applies to these types of blood alcohol test results:
TITLE XXI Motor Vehicles
Chapter 265-A Alcohol or Drug Impairment
Driving or Operating Under the Influence of Drugs or Liquor
RSA 265-A:12 (2011)
265-A:12 Official Record of Tests.
I. Any person who is arraigned on a charge arising under RSA 265-A:4 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct and result of said test.
...
IV. A copy of the appropriate form filled out and signed by the person who took the sample for the alcohol concentration test in question shall be admissible evidence that the sample was taken by such person at the stated time on the stated date according to the procedures prescribed in the rules adopted by the commissioner of the department of safety pursuant to RSA 265-A:5, V.
V. Any person who is arraigned on a charge arising under RSA 265-A:2, RSA 265-A:3, or RSA 265-A:43 shall file, within 10 days of such person's receipt of the results of any toxicology test administered to such person for the presence of any controlled drug, a notice in said court requiring the attendance of the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the certifying scientist at trial. The official report of the test issued pursuant to RSA 265-A:4 shall be deemed conclusive evidence of the conduct of the result of such test.
Take action! As you can see, time is of the essence when you receive this bad news in the mail. Contact me as soon as you get any correspondence from the state regarding your case, especially chemical test results, in order to make every effort to preserve every right you have under the New Hampshire laws and under the Constitution. I look forward to hearing from you.
Have a safe night,
Mark Stevens
New Hampshire Lawyer Mark Stevens
LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
Tel 603-893-0074
http://www.ByeByeDWI.com
Friday, May 6, 2011
How You Can Get Charged With DWI Without Drinking Anything by NH DWI Lawyer Mark Stevens
When you hear or read about a case in the news that involves a driver charged with DWI or aggravated DWI, you might assume that it is a “drunk driving” case. More DWI charges are being brought by police in New Hampshire than ever before though in cases where the drivers didn’t drink any alcohol at all. These are cases in which the driver is alleged to be under the influence of a controlled drug.
New Hampshire’s DWI law, RSA 265-A:2, and the aggravated DWI law, RSA 265-A:3, prohibit driving under the influence of either alcohol, or driving under the influence of a controlled drug, or a driving under the influence of a combination of alcohol and a controlled drug. This law does not apply only to driving under the influence of illegal drugs; it also applies to driving under the influence of legal prescription drugs. The relevant section of the New Hampshire DWI law reads:
“I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs … “
There is a heightened scrutiny of drivers today by police on the lookout for drivers under the influence of drugs. The federal government has placed great emphasis on “drugged driving” cases and has devoted a lot of money to prosecuting people for this. Federal grant money is flowing to state and local law enforcement agencies for “DWI-drug detection” or “DWI-drugs saturation patrols”.
If a police officer makes any observations that might indicate any possibility of impairment, he may question the driver about whether the driver has taken any medications. This sounds innocent, as most people take medications exactly as prescribed by their doctors and drive quite well. Most law-abiding citizens may be inclined to say, “Yes officer I take medication X”. The driver’s answer to these types of questions though can come back to bite her in court, often in the form of a “DWI-Drug” charge.
Did you know that you can be charged with, and possibly even convicted of, DWI without drinking a drop of alcohol, based solely on your statement that you took prescribed medications? You can. This makes your answer to this simple question that can precipitate a DUI arrest a critical one.
The only way that the police know what medications you might have taken, in most cases, is if you tell them. The other way they can find out about your prescription medications is if you consent to a blood test after a DWI arrest, another decision you should carefully weigh before submitting to it. If the officer asks you questions about drugs, it is probably because he or she suspects that you are impaired by something, yet the officer can’t smell alcohol. If you answer affirmatively, you will likely be asked to step out of your car for field sobriety testing, and you will probably be arrested for DWI-drugs shortly after the series of sidewalk gymnastics the police call “field sobriety tests”.
You should plan how you will respond to this type of question long before you are stopped. Contact a DWI defense lawyer to plan your response before you have to make a decision under the pressure of a roadside interrogation by the police.
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
New Hampshire’s DWI law, RSA 265-A:2, and the aggravated DWI law, RSA 265-A:3, prohibit driving under the influence of either alcohol, or driving under the influence of a controlled drug, or a driving under the influence of a combination of alcohol and a controlled drug. This law does not apply only to driving under the influence of illegal drugs; it also applies to driving under the influence of legal prescription drugs. The relevant section of the New Hampshire DWI law reads:
“I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs … “
There is a heightened scrutiny of drivers today by police on the lookout for drivers under the influence of drugs. The federal government has placed great emphasis on “drugged driving” cases and has devoted a lot of money to prosecuting people for this. Federal grant money is flowing to state and local law enforcement agencies for “DWI-drug detection” or “DWI-drugs saturation patrols”.
If a police officer makes any observations that might indicate any possibility of impairment, he may question the driver about whether the driver has taken any medications. This sounds innocent, as most people take medications exactly as prescribed by their doctors and drive quite well. Most law-abiding citizens may be inclined to say, “Yes officer I take medication X”. The driver’s answer to these types of questions though can come back to bite her in court, often in the form of a “DWI-Drug” charge.
Did you know that you can be charged with, and possibly even convicted of, DWI without drinking a drop of alcohol, based solely on your statement that you took prescribed medications? You can. This makes your answer to this simple question that can precipitate a DUI arrest a critical one.
The only way that the police know what medications you might have taken, in most cases, is if you tell them. The other way they can find out about your prescription medications is if you consent to a blood test after a DWI arrest, another decision you should carefully weigh before submitting to it. If the officer asks you questions about drugs, it is probably because he or she suspects that you are impaired by something, yet the officer can’t smell alcohol. If you answer affirmatively, you will likely be asked to step out of your car for field sobriety testing, and you will probably be arrested for DWI-drugs shortly after the series of sidewalk gymnastics the police call “field sobriety tests”.
You should plan how you will respond to this type of question long before you are stopped. Contact a DWI defense lawyer to plan your response before you have to make a decision under the pressure of a roadside interrogation by the police.
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
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