Bye Bye DWI by New Hampshire DWI Defense Lawyer Mark Stevens 603-893-0074

Super Bowl Driving Tips by New Hampshire DWI Defense Lawyer Mark Stevens

2012-01-30T20:23:00.000-05:00

New Hampshire DWI laws Congratulations to the New England Patriots for the AFC Championship! Remember if you go out to watch the Super Bowl that the cops will be everywhere on your way home. They will be looking for an excuse to stop your vehicle. Don't give them a cheap shot at stopping you! Watch this new youtube video with some helpful hints that may help avoid unwanted police contacts after the Patriots win the Super Bowl.

If you ignore these tips and get arrested any way, please feel free to call me today at 1-603-893-0074 for a free initial consultation to discuss your rights and next steps. New Hampshire DWI laws and New Hampshire DWI penalties are tough. If you decide to blow into the breath gadget at the police station you can actually go to jail if the number on the breath gadget is high enough ! Choose carefully what to do.

If you have been arrested for DWI in New Hampshire, please feel free to call me today! I look forward to speaking with you.

Attorney Mark Stevens

5 Manor Parkway
Salem, NH 03079
1-603-893-0074

info@byebyedwi.com

http://www.byebyedwi.com/

Hand-held cellphone ban unanimously approved by Massachusetts legislative committee

2012-01-27T11:24:00.000-05:00

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

2012-01-23T19:24:00.000-05:00

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

2012-01-19T16:42:00.000-05:00

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

2012-01-11T11:06:00.000-05:00

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?

2012-01-03T00:20:00.001-05:00

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!

2011-12-31T18:58:00.000-05:00

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

Merry Christmas From Mark Stevens

2011-12-23T15:07:00.000-05:00

Merry Christmas!

Here is a Merry Christmas video with a few tips to avoid unwanted police contacts this Christmas season. Have a Merry Christmas every one! And remember, if you have any outstanding warrants or unwanted contacts with the police this weekend, call me

New Hampshire DWI laws. Call Salem, NH Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.

Have a Merry Christmas!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampston District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court.

OUI CLE Course Today: OUI Drug Impairment Cases

2011-12-06T11:11:00.000-05:00

New Hampshire DWI Law and Massachusetts OUI Laws. Today's MCLE program on Maassachusetts OUI cases in Plymouth, Massachusetts will focus on OUI charges alleging drug impairment. There will be a DRE presentation and cross examination topics, as well as a Massachusetts case law update and trial tips and techniques involving "DRE evaluations" and "drug impairment". I will be on the faculty panel throughout the day. My topics will be horizontal gaze nystagmus ("HGN") and vertical gaze nystagmus ("VGN") testing as well as the components of the Drug Recognition Expert ("DRE") evaluation, as well as legal issues that arise in these cases.

This course will be held at the John Carver Inn, 25 Summer Street, Plymouth, Massachusetts today, December 6, 2011 from 1:30 p.m. to 5:30 p.m. I hope to meet you there. Please feel free to bring along narrative reports from your cases with you for discussions and questions.
This will be a great OUI seminar, OUI laws update, and will include a lot of relevant OUI materials.

I look forward to seeing every one attending attending today's OUI/DWI CLE. Have a great day.

Attorney Mark Stevens

5 Manor Parkway

Salem, NH 03079

1-603-893-0074

info@byebyedwi.com

www.byebyedwi.com/

New Hampshire DWI Laws Continuing Legal Education Course December 2, 2011

2011-12-01T10:09:00.001-05:00

New Hampshire DWI Law. The 2011 annual New Hampshire Bar Association DWI seminar is being held tomorrow, December 2ndat the New Hampshire Bar Association in Concord, New Hampshire. I am on the faculty panel and my topics will be pre-trial discovery in DWI cases and cross-examination practice. I am also on the panel discussion group for NH DMV hearing portion of the course. A link to the course information is here: Anatomy of a New Hampshire DWI Case . This will be a great all-day seminar addressing administrative license suspension hearings, New Hampshire DWI laws, search and seizure issues and other relevant DWI topics. The course begins at 8:30 a.m. I hope to see you there tomorrow in Concord.

I look forward to seeing every one attending tomorrow's New Hampshire DWI CLE. Have a great day.

Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
info@byebyedwi.com
http://www.byebyedwi.com/

Busted for Shoplifting in New Hampshire? Call Mark Stevens 1-603-893-0074

2011-11-24T20:17:00.000-05:00

New Hampshire Shoplifting Laws It is "Black Friday" starting at midnight tonight. Stores are open earlier and longer in New Hampshire. This weekend also usually results in a lot of arrests for shoplifting, "willful concealment" and other theft charges all across New Hampshire, but the number of shoplifting arrests in Rockingham County, Hillsborough County and Strafford County are particularly high on Black Friday. New Hampshire shoplifting laws are tough. If you get accused of any type of theft or shoplifting offense call me today for a free consultation. My number is 1-603-893-0074.

It is important that if you get accused of shoplifting and you are brought into a loss prevention or store security office that you do not say anything or sign anything. Don't let them bully you into signing anything. They will try to get you to make all sorts of admissions. You do not even need to give loss prevention, store security or mall security your identification.

The store security or loss prevention people will call the cops if they suspect you of shoplifting. When the cops come to arrest you be polite and don't resist, but don't admit anything either. Do not let the store security people take your picture: they're not cops and they can't make you do anything.

When you get arrested go along with the cops quietly. Make sure you have some bail money with you. Don't make any statements! Remember, call me right away after you get released: 1-603-893-0074 Remember: Lawyer Up and Shut Up. Watch this youtube video:

Happy Thanksgiving! Happy Black Friday. If you do get busted this weekend though call me right away at 1-603-893-0074. I look forward to speaking with you!

Some Reasonable Reasons to Refuse DWI Field Sobriety Tests

2011-11-19T10:51:00.000-05:00

Field sobriety tests are designed to trick you and for you to fail. They remain one of the most common ways police officers measure your level of intoxication according to DUI accident attorneys. If you find yourself in this unfortunate position, you should bear in mind that you don’t have to take the FST.

Why? Field Sobriety Tests remain an inaccurate measurement of sobriety and the results can be attributed to a variety of factors. These factors include weather, medications, the surface they are conducted on, and plain old anxiety.

This article courtesy of the accident lawyer experts at Accidents.com.

Here are some reasons that many people refuse a field sobriety test.

1) Results can vary dramatically – The results of an FST can vary depending on a variety of factors including:

• Extreme hot or cold temperatures, rain, snow, and wind

• Outside distractions like flashing lights and heavy traffic

• Unsuitable footwear like strappy sandals, boots, or big heels

• Uneven surfaces and slippery terrain

• Emotions from being pulled over, like frustration, nervousness, and anxiety

2) Tests can be inaccurate – According to the National Highway Traffic Safety Administration; several of the most popular FSTs are highly inaccurate. Take the walk-and-turn test for example. Even when administered perfectly, it only has a 68% accuracy rate.

Field sobriety tests also assume that each person is exactly the same – same height, same weight, and without disabilities or other sicknesses. This means that if the field sobriety test alone can convict people, nearly one in three people would be wrongly arrested.

3) Personal medical conditions can play a large role in the outcome – If you’re an individual who experiences inner ear problems; pain in your arms, feet, legs, or back; vision problems; etc., these can all play a role in the outcome of your tests, and will likely effect it negatively.

These reasons are just a few of the many why you should consider declining a cop’s request to perform a field sobriety test.

New Hampshire Attorney Mark Stevens in Newsweek Magazine Profile November 21, 2011

2011-11-17T22:29:00.000-05:00

New Hampshire DWI Lawyer Salem, New Hampshire DWI lawyer Mark Stevens will be one of eight featured criminal defense lawyers in Newsweek Magazine next week. In the November 21, 2011 issue of Newsweek, Attorney Mark Stevens and 7 other criminal defense lawyers from around the country will be featured in a criminal defense lawyers profile. Below is an advanced copy from this Newsweek issue.

If you have been arrested for a DWI charge or any other crime in New Hampshire please feel free to call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation.

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.

New Hampshire DWI Laws. 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 c/d"or transportation of marijuana, feel free to call my office today at 603-893-0074 to arrange a free consultation to discuss your case.

Feel free to visit my website for more information:

http://www.byebyedwi.com/

DUI Drugs: Driving Under the Influence of a Controlled Drug by NH DWI Lawyer Mark Stevens 1-603-893-0074

2011-11-09T22:01:00.001-05:00

New Hampshire DWI Lawyer Have you been accused of driving under the influence ("DUI/DWI") of marijuana or other "controlled drug" in New Hampshire? If you have been, you face the same potential consequences as a driver who is accused of driving under the influence of alcohol in New Hampshire courts. Even the simple possession of marijuana is still a crime under New Hampshire laws. Here is a video regarding New Hampshire marijuana laws:

http://www.youtube.com/watch?v=2xIFDf6fCqA

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 c/d"or transportation of marijuana, feel free to call my office today at 603-893-0074 to arrange a free consultation to discuss your case.

Feel free to visit my website for more information:

http://www.byebyedwi.com/

I look forward to speaking with you about your case.

New Hampshire DUI Attorney Mark Stevens 1-603-893-0074

New Hampshire DWI Laws: Sentencing Decision on Under 21 DWI Cases

2011-11-05T13:40:00.000-04:00

New Hampshire DUI Laws The New Hampshire Supreme Court issued an important decision on November 2, 2011 in the case of State v. Gardner. In this appeal of a New Hampshire DWI sentence from the Exeter District Court, the defendant tried to reduce his length of license revocation after his DWI conviction by six months after he enrolled into the relevant DWI Impaired Driver Intervention Program with 45 days pursuant to New Hampshire DWI law RSA 265:A:18 I (a)(4), The Exeter District Court denied the defendant's request, ruling that RSA 265:A:18 III prohibited any sentence reduction below 12 months for a driver convicted of DWI while under the age of 21. The defendant appealed and the New Hampshire Supreme Court affirmed the Exeter District Court's decision.

This means that the absolute minimum length of license loss for a driver under the age of 21 convicted of DWI in New Hampshire is one year. When reviewing this law, including the minimum and maximum penalties for a driver under 21 charged with DWI in New Hampshire, most people charged with this offense should consider going to trial on the charge. If your have been charged with DWI or aggravated DWI in New Hampshire feel free to call me today at 1-603-893-0074 for a free consultation.

Have a safe night,

Mark

Call Today! 1-603-893-0074

New Hampshire DWI Attorney Mark Stevens

Were You Arrested at the Keene Pumpkin Festival?

2011-10-26T13:48:00.000-04:00

New Hampshire DWI Lawyer . Have you been arrested at the Keene Pumpkin Festival this year? Each year the "Pumpkin Festival" draws big crowds to Keene for the big celebration. Unfortunately, for some people the weekend ends with an arrest for "minor in possession of alcohol" , "unlawful intoxication by a minor", DWI or other alcohol related offenses.

If you were arrested you were probably given a summons or bail paperwork that tells you on what date to appear in the Keene District Court. Your first appearance date in the Keene District Court for these types of charges is usually your arraignment date. This is where you first enter a plea of either "not guilty" or guilty.

New Hampshire has an unusual law prohibiting people under the age of 21 from intoxication or possession of alcohol. The law is unusual because it subjects people who are convicted of this to a 90 day loss of their drivers license, even if they were not driving even in a car at all!

If you have been arrested for a New Hampshire alcohol or drug related charge please feel free to call me today for a free consultation: 1-603-893-0074.

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.

New Hampshire DWI Attorney Mark Stevens

Upcoming DWI Continuing Legal Education Courses

2011-10-10T19:13:00.000-04:00

New Hampshire DWI laws. Here are the next upcoming DWI/DUI continuing legal education courses I will be on the faculty panel at:

Friday, December 2, 2011 Concord, New Hampshire. This course is titled, "Anatomy of a DWI Case". My topic for this CLE course will be cross examination. This course is a beginner level course geared toward lawyers who have tried 10 DWI trials or less. It will run from 8:30 a.m. to 4:00 p.m.

Tuesday, December 6, 2011 Plymouth, Massachusetts. This course will be about OUI-Drugs, or operating under the influence of drugs. This will be geared toward practitioners of different levels and will include "Drug Recognition Expert", commonly called "DRE" testimony and issues that arise in the non-alcohol OUI case in Massachusetts. My topic will be legal issues arising in the DRE cases, cross examination on DRE testing and horizointal gaze nystagmus testing, which is part of the 12 step DRE evaluation done by cops.

More detailed information about both of these great CLEs will be coming in the future. If you have any questions please feel free to call me or email me.

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

New Hampshire DWI Lawyer

New Hampshire's Aggravated DWI Laws by Mark Stevens

2011-09-29T13:41:00.000-04:00

How Cooperation Leads to Jail!

New Hampshire's "aggravated DWI law" is harsh, and punishes drivers who cooperate with the police by submitting to breath tests or blood tests. You've probably heard the term "guilt by association." But, under New Hampshire's 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. This article and video are about this strict New Hampshire DWI law. Have you been arrested for DWI or aggravated DWI in New Hampshire? As you will see, this strange DWI law punishes those who cooperate and give a breath or blood sample when requested to do so by the police.

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

Click the following links to be directed to the ByeByeDWI:
Main Website
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NH DWI Laws

New Hampshire Aggravated DWI Laws By Attorney Mark Stevens

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 with you.

New Hampshire's Aggravated DWI Laws How cooperation leads to incarceration...

New Hampshire DWI laws. Today's New Hampshire DWI laws topic is the irony of the New Hampshire "aggravated DWI" penalties for a first offender. On a first offense New Hampshire DWI, with no "aggravating factors", a driver that gets convicted faces a lengthy license loss, a criminal record, a large fine, a huge increase in insurance costs, and being forced into an alcohol program. If the driver chooses for some reason to cooperate with the police and blow into the breath testing device at the police station, he may face jail time. In New Hampshire, if a driver arrested for DWI opts to blow into the drunk-in-the-box at the police station, he risks going to jail. It is as simple as that. If the old gray breath test box says the driver blew a .16 or higher, he gets packed off to jail if he is convicted. If he refuses to put his fate and freedom into one of these boxes, he does not go to jail, even upon conviction. The question is, who in their right mind would make the choice to blow into one of these old breath testing boxes. They look like old gray boxes with a rubber hose attached to one side and a bubbling jar of alcohol on the other. Would you knowingly risk your freedom by blowing into a box in a police station?

The absurdity of this aspect of New Hampshire DWI law does not end with the fact that first offenders go to jail based entirely on their decision to cooperate and blow into the box. In addition to going to jail because the driver cooperated and blew into the breath gadget, his license loss will probably be twice as long as if he simply exercised his right to refuse the breath test. If he blows into the box and the box says a .16 or higher breath alcohol concentration he will be forced to go to a "multiple DWI offender program", even if he has never been convicted of DWI before or attended a first offender program. That makes perfect sense doesn't it?

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;

(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 the county correctional facility.

"Zip It!" - Exercise Your Rights

New Hampshire DWI lawyer, Mark Stevens, explains how to respond when the cops want to question you about a crime. The police will usually ask you questions right before they arrest you for DWI or for any other criminal charges, in which you need to "Zip It!"

Call 1-603-893-0074 for a free consultation.

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.

Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074

ByeByeDWI.com

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New Hampshire Texting While Driving Law

2011-09-24T12:53:00.000-04:00

In New Hampshire it is illegal to text and drive. Below is a copy of New Hampshire's "texting while driving law", which was made effective on January 1, 2010. Here is the law: RSA 265:105-a (2010) 265:105-a Prohibited Text Messages and Device Usage While Operating a Motor Vehicle. I. A person operating a moving motor vehicle who writes a text message or uses 2 hands to type on or operate an electronic or telecommunications device, is guilty of a violation. A person does not write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call. II. The fine for a violation of this section shall be $100. If you have been charged with a crime, DWI, or motor vehicle violation in New Hampshire please feel free to call me today for a free consultation to discuss your case. 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

5 Reasons to Fight Your DWI Case in New Hampshire by Guest Blog Poster Becky Kate

2011-08-16T16:41:00.000-04:00

New Hampshire DUI laws. Thank you for this blog article from Becky Kate at 1-800-DUI-Laws http://www.1800DUILaws.com

You may feel as if your life is over after getting arrested for a DWI in New Hampshire. We at http://www.1800DUILaws.com
have seen many people contact us for advice after they pleaded guilty to a DWI. Unfortunately for them, it is too late. The arrest and conviction will be on their record forever. These folks have trouble getting jobs, moving to new apartments, getting approved for loans. It’s sad to see. If only we would’ve been able to reach them BEFORE they were convicted; things may have been different.
It’s so important to fight your DWI charges. Your freedom, your driver’s license and your job could be at risk if you plead guilty. These are just a few of the reasons why fighting the charges may be the best decision you can make after a New Hampshire DWI arrest:
• The prosecution may not be able to prove beyond a reasonable doubt that you are guilty. A New Hampshire DWI defense attorney will look at the ins-and-outs of your case and may notice that there are defenses. Maybe the police officer didn’t operate the breath test machine properly. Perhaps the breath machine wasn’t calibrated correctly and misread your BAC level. An experienced DWI attorney can find these issues and argue them for you.
• The consequences of a DWI can put a huge roadblock in your life. Think about what it is like to not have a driver’s license. There are so many things you can’t do without one, beyond just driving. Now, think about what it is like to go to jail. It’s a scary thought, right? However, jail is definitely a possibility if you plead guilty to certain types of New Hampshire DWI charges, like aggravated DWI or DWI subsequent charges. What would happen if you lost your job? What would happen if you can’t get a job 10 years from now because of this mistake? It’s not fair, but it’s exactly what happens to many of those who plead guilty.
• Fighting your case can actually be cheaper than pleading guilty. The average costs for a DWI conviction can be higher than the legal fees for a DWI. If you plead guilty, you will likely have court costs and fines. In addition, you may have to get transportation to and from work for an extended period of time after your license is suspended, your insurance premium will go sky-high, you could lose your job. It is worth it? Probably not. The best thing to do may be to hire a lawyer and fight the case.
• A skilled New Hampshire DWI attorney has the knowledge you need to fight your case. We have all seen TV courtroom dramas, but don’t think you can fight your New Hampshire DWI on that knowledge alone. There is a New Hampshire DWI lawyer waiting for your call to help someone like you fight their DWI: an attorney who defends people after their DWI arrests.
• There is still hope. You shouldn’t give up without a fight. If you fight your charges you will have a chance to save your license and your freedom. If you plead guilty, you will lose any opportunity to have your DWI charges dropped. If you fight, you have a chance of coming out of this situation unscathed. Why not try? You have a Constitutional right to a trial –take that right and fight!

Becky Kate is a staffer at 1800duilaws.com. 1800duilaws.com is the largest DUI lawyer directory and resource guide for people arrested for DUI. If you have been arrested for DUI, contact a local DUI lawyer in your state for a free consultation.

For information on New Hampshire DWI defense contact Attorney Mark Stevens at 1-603-893-0074 today for a free consultation.

Visit our website for more information:
http://www.byebyedwi.com

Prosecution Sends Innocent Man to Prison Due to DNA Screwup by State: Don't Worry Though, Sheriff Says the DNA mix up was ‘unacceptable’

2011-07-10T06:41:00.000-04:00

New Hampshire criminal defense lawyer. Here's the latest crime lab screw up that caused an innocent man to go to prison for a crime he didn't commit, this time based on a "mistake" with DNA, the prosecution's "gold standard" of forensic "science". DNA evidence is hawked in courts by prosecutors as being statistically flawless, ruling out the entire rest of the world as potential suspects, except the person sitting in the defendant's chair. So what could go wrong? It sounds so perfect? Well in this case the prosecution used the wrong DNA to throttle a man into pleading guilty to something he didn't do, then packed him off to the Nevada state prison for four years. Here is a link to a story about this latest crime lab crime:

Sheriff: DNA mix up ‘unacceptable’ - FOX5 - KVVU - Las Vegas, News, Weather and Video

Have a safe night.

Mark

New Hampshire DWI laws. If you have been arrested or indicted in New Hampshire 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 other criminal charges.

Call Today! 1-603-893-0074
Salem, New Hampshire DWI Attorney Mark Stevens
Rockingham County, New Hampshire

Visit our website for more information:
http://www.byebyedwi.com

Legal Experts Analyze Casey Anthony Verdict: Attorney Mark Stevens on WMUR TV Channel 9

2011-07-06T22:38:00.000-04:00

The Casey Anthony verdict was the most frequently mentioned news story on twitter over the past two days. Here is a link to a youtube video from WMUR TV Channel that aired on July 5, 2011 in which Attorney Mark Stevens is interviewed regarding the "not guilty" verdicts on the murder charges Casey Anthony was facing:

Have a safe night.

Mark

New Hampshire DWI laws. If you have been arrested or indicted in New Hampshire 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 other criminal charges.

Call Today! 1-603-893-0074
Salem, New Hampshire DWI Attorney Mark Stevens
Rockingham County, New Hampshire

Visit our website for more information:
http://www.byebyedwi.com

Manchester DWI Roadblocks Announced: Watch Out for These on July 15 & 16

2011-07-04T17:33:00.000-04:00

The Manchester Police have announced DWI roadblcoks for the nights of July 15th and 16th this year. Here is a link to a story in the Union Leader about this:

Sobriety checkpoints set for July 15 & 16 | New Hampshire NEWS07

Have a safe night.

Mark

New Hampshire DWI laws. If you get snared in these DWI roadblocks 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
Salem, New Hampshire DWI Attorney Mark Stevens
Rockingham County, New Hampshire

Visit our website for more information:
http://www.byebyedwi.com

More DWI Lawyer Advertising Warnings

2011-07-04T17:13:00.000-04:00

Hello every one. I hope every one is having a safe and happy Independence Day. From time to time I alert you to some scuzzy advertising practices. In the past I have posted about the direct junk mail campaigns of some lawyers who mail unsolicited advertisements to people who have just been arrested. As you can imagine, it's not the cream of the crop doing this.

A new tactic I have noticed is that some lawyers will use my name in anchor text but when you click on the text you will get directed to the other lawyer's website. Googling "Attorney Mark Stevens" will reveal some of these. "Anchor text", or "link text" is the visible, clickable text in a hyperlink. The words contained in the anchor text can determine the ranking that the page will receive by search engines.

So the reason that other lawyers would do this is because I rank organically higher than them. If you see a lawyer in the three shaded boxes at the top of a google search, or on the right hand column in a line of little boxes, they are paying for the spot. If you look at the ten spots below the shaded entries, these are pages that rank highly "organically", or because of their content.

I appreciate every one who searches for me on google. I appreciate that my clients are smart enough to know when they are on my web site or some one else's. Don't be duped. Accept no substitutes. Have a great weekend.

Mark

Don't Talk! You Might Walk: New Video by NH DWI Lawyer Mark Stevens 1-603-893-0074

2011-07-04T14:04:00.000-04:00

If you get stopped and the police suspect you are intoxicated ("DUI/DWI")they will ask you about drinking. "Have you been drinking?" is the tricky way the question is posed. You may have had a beer or two. But the way the question is posed, an affirmative answer sounds like you've been sitting around a bar in a drinking contest.

If you answer "yes" and describe what you drank, you will be well on your way to getting arrested and prosecuted. Once the cop asks, he is probably considering arresting you no matter what you answer.

There is no better time to exercise your right to zip it and your right to a lawyer than when a cop asks you if you have been drinking. Most innocent people beleieve that if they explain to the police what they drank that they are helping themselves. Wrong! Be careful how you answer any question posed by the police when you are stopped.

Here is a video discussing your right to remain silent: "If You Don't Talk, You Might Walk"

http://youtu.be/K7n783Ql2PM

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
Salem, New Hampshire DWI Attorney Mark Stevens
Rockingham County, New Hampshire

Visit our website for more information:
http://www.byebyedwi.com

Underage Drinking Charges in New Hampshire: "Minor In Possession" Cahrges

2011-07-01T21:10:00.000-04:00

"Minor in Possession" of alcohol laws in New Hampshire. If you have been charged or accused of "minor in possession of alcohol", "underage drinking" "unlawful intoxication" or any other charges under New Hampshire's tough "unlawful intoxication" statute, RSA 179:10, the potential consequences are serious, including a drivers license revocation if you are found guilty in Court. This video explains some of the consequences.

Here is a copy of the law:

Here is the current state of New Hampshire’s “minor in possession of alcohol” and “unlawful intoxication by a minor” law:

RSA 179:10 (2011)

179:10 Unlawful Possession and Intoxication.

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

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 Laws: Possession of Drugs in a Motor Vehicle

2011-06-18T11:26:00.000-04:00

When the police make an arrest in New Hampshire for DWI or any other charge, they usually rifle through the driver's car and belongings to try to find drugs. Sometimes they are successful in these efforts. if you are charged with possession of drugs in a motor vehicle in New Hampshire, this is the law that applies:

TITLE XXI Motor Vehicles
Chapter 265-A Alcohol or Drug Impairment
Other Alcohol and Drug Offenses

RSA 265-A:43 (2011)

265-A:43 Possession of Drugs.

Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318:B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years.

A conviction for this charge in a New Hampshire court leads to a criminal record, a fine and a loss of your right to drive in New Hampshire for 60 days up to two years. If you are facing these types of serious consequences, please feel free to call me today for a free consultation. My number is 1-603-893-0074. I look forward to speaking with you.

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

Lawyer Up! WCCM AM 1110 Radio with New Hampshire DWI Defense Attorney Mark Stevens 5-12-2011 ...

2011-05-27T21:44:00.000-04:00

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

When You Get Bad Mail From the State About Your Blood Test Results

2011-05-13T19:00:00.000-04:00

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

How You Can Get Charged With DWI Without Drinking Anything by NH DWI Lawyer Mark Stevens

2011-05-06T15:19:00.000-04:00

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

Commonwealth v. Cruz: SJC Rules Odor of Burnt Marijuana Not Grounds to Order People Out of Car

2011-04-20T15:05:00.000-04:00

On April 19, 2011, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Cruz, SJC Case Number SJC-10738, that the odor of burnt marijuana alone does not suffice to establish probable cause or reasonable suspicion enough to order the occupants of a car to get out for a search. In Cruz' case, the police smelled burnt marijuana and interrogated and searched Cruz. The search yielded marijuana and crack cocaine.

Cruz was charged with possession of cocaine with intent to distribute and posssession of cocaine with intent to distribute within a school zone. Cruz challenged the evidence in a motion to suppress evidence that was allowed. The case then reached the Massachusetts Supreme Judicial Court on appeal. The Court's ruling should eliminate the "burnt marijuana" exit orders that frequently turn into drug or OUI cases.

CALL TO ACTION: Have you been busted or otherwise hassled about a "possession of controlled drug" charge or a DWI/DUI based on a suspicion of drug impairment? Call me today at 1-603-893-0074 for a free case consultation.

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 Hand-Held Cell Phone Ban Looming in New Hampshire

2011-04-13T09:17:00.000-04:00

New Hampshire laws. New Hampshire fines and motor vehicle violations.

MORE PROPOSED PRIVACY INTRUSIONS:
WHAT YOU SHOULD KNOW ABOUT HOUSE BILL 546 AND YOUR CELL PHONE

If you use a cell phone there is another new bill creeping its way through the House of Representatives that you should be aware of: proposed House Bill 546. This bill is called, “An Act relative to the use of hand-held cellular phones while driving”. This is a nanny-stater bill that would ban the use of hand-held cell phones while driving. Also included in this bill is an onerous provision that would allow the police to seize your phone if they stopped “examine the person’s cellular phone to verify the time of the call”. I guess the cops looking at their watches wouldn’t suffice for the bill’s sponsors. Here is the language of the proposed bill:
“265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.”

The Fourth Amendment to the federal Constitution protects us from warrantless seizures and searches by the police. Part 1, Article 19 of the New Hampshire Constitution predates the federal constitution, and provides people in New Hampshire with even greater protections than the Fourth Amendment does. The Fourth Amendment reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment was developed out of a general revulsion to the warrantless seizures and searches that American colonists had endured at the hands of the British. It protects us from seizures ands searches made without a warrant. This bill would violate the Fourth Amendment to the federal Constitution, as well as Part 1, Article 19 of the New Hampshire Constitution, immediately upon its passage. Advances in technology do not need to lead to the erosion of constitutional rights. The police do not need to seize a phone that they have seen next to a driver’s ear to “verify the time of the call”. They can look down at their watch.

Furthermore, enabling the police to look at a driver’s cell phone would lead to additional snooping by the police into the driver’s texts and emails that are on the phone. Do you want to be questioned about who you called and why? If you think this bill is a bad idea and an unnecessary intrusion into your privacy please make sure your representatives know your thoughts.

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

Don't Tell the Cops You're Taking Drugs

2011-04-11T16:52:00.000-04:00

If you get stopped and the police suspect you are intoxicated ("DUI/DWI")they will ask you about drinking. "Have you been drinking? is the tricky way the question is posed. You may have been watching a game or mowing the lawn and had a beer. But the way the question is posed, an affirmative answer sounds like you've been playing beer pong.

So what happens when the police think you're intoxicated but they can't smell alcohol? They will usually ask you if you take any medications. If a cop suspects you of intoxication and asks you if you tae medications, you are at high risk to get arrested. If you answer "yes" and describe what you take, even if it is prescribed, it increases your risk of arrest.

There is no better time to exercise your right to remain silent and your right to a lawyer than when a cop asks you if you are taking prescription drugs. Most innocent people beleieve that if they explain to the police that they are taking medications exactly as their doctor prescribed them they will steer clear of the DWI net the police are trying to catch them in. Wrong. Be careful how you answer any question posed by the police when you are stopped.

http://www.youtube.com/watch?v=0pqQ_TR_NSk"

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

Not Guilty Monday, Apr. 4, 2011 Manchester District Court

2011-04-04T22:31:00.000-04:00

Here is a link to a story about a trial today in the Manchester District Court. This was the case where the dad-to-be was rushing his wife to the hospital where she had her baby. The driver was issued a speeding ticket, which he challenged and we won today in the Manchester District Court.

Baby-on-the-way dad not guilty of speeding - Monday, Apr. 4, 2011

Remember, the only license suspensions that are really "automatic" are the one that aren't fought.

http://www.youtube.com/watch?v=z0mcgT4_8B4

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 House Passes Bill To Legalize Medical Marijuana

2011-03-21T19:33:00.000-04:00

New Hampshire marijuana laws.
Here is a link to a story from WMUR TV in Manchester about the New Hampshire House of Representatives passing a bill by a large majority to legalize medical marijuana.

House Passes Bill To Legalize Medical Marijuana - New Hampshire News Story - WMUR Manchester

If you have been arrested for possession of marijuana, possession with intent to distribute marijuana, or transportation of marijuana in a motor vehicle please call me today for a free initial consultation to discuss your case. I look forward to hearing from you.

Have a good night,

Mark Stevens

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

Creepy Junk Mail After Your DWI Arrest?

2011-03-16T20:35:00.000-04:00

A fairly new issue has arisen in DWI cases. After your arrest, a few lawyers who have enough free time on their hands to do so have begun direct junk mailings to people unfortunate enough to get arrested. The night of your arrest was bad enough, but now you get a reminder about it. Your first thought was likely, "how did this creep get my address?"

You may have wanted to keep your DWI arrest quiet, but the dump-truck lawyers have found you. Experienced lawyers who try DWI cases and actually win them don't send out these mailings. The one consistent theme of these letters is that the lawyer is cheap, usually with a fee printed on the mailing that is a fraction of the fee quoted by any good lawyer you have talked to.

Imagine if you got a hand made cheap brochure from a new airline. The brochure listed a price that was cheaper than the real airlines. The pitch was that because they have no other passengers they can dote on you. Why no other passengers?, you might ask. Or maybe the new airline offered cheap fares because their pilots weren't very good and need to practice on some one. Would you buy the cheap ticket?

You get one shot to beat your New Hampshire DWI charge. Choose how you will fight the charge wisely. If you have a bird, you can line the bird's cage with these mailers, or recycle them responsibly. When you talk to a lawyer ask him or her when he won his last case, what the date was, the court name and the docket number. No good lawyer will be bothered by that request. Go to the court and verify the not guilty verdict peronally; it's there for you to see. My hunch is no one who mails these junk mail letters will be able to give you such verifiable information.

Have a safe night,

Mark Stevens

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

Lawyer Up! Salem, NH DWI Lawyer Mark Stevens and Guest Maine OUI Attorney John Webb

2011-03-14T23:06:00.000-04:00

Here is a youtube clip that includes a portion of Lawyer Up !
radio with Mark Stevens. Lawyer Up! is on WCCM AM 1110 every Thursday morning at 9:00 a.m. On this episdode Maine OUI defense attorney John Webb joins the discussion about a proposed New Hampshire bill that would ban hand held cell phone use while driving and allow the police to seize and search the phones of the drivers they issue citations to under this law without a warrant. Please click below to listen. I have also included a brief transcript of the program below the link.

TRANSCRIPT:
(After introductions by WCCM's Bruce Arnold):

Mark Stevens: This is "Lawyer Up" which is what you should do if the police want to talk to you.

Bruce Arnold: That's right. That's it. How long have you been practicing law Mark? Can I do an up close and nosy?

Mark Stevens: You can be as nosy as you want. I've been in practice since 1998 and I have been in my own solo practice in Salem, New Hampshire since June of 2000. I practice exclusively criminal defense and the primary focus is on DWI defense.

Bruce Arnold: And you have been busy recently I understand?

Mark Stevens: Yes I have the police have been busy arresting people and keeping us busy. It doesn't take much to get arrested for DWI in New Hampshire any more.

Bruce Arnold: Yeah what's the situation. Where do you want to go with that?

Mark Stevens: Well if you get stopped and a police officer smells any kind of beer on your breath or liquor on your breath, the chances are you're going to be arrested. That's the bottom line. It takes a lot for them to let somebody go. They usually want to field sobriety test you; most people can't pass those gymnastics and they usually end up getting arrested for DWI. Fortunately in New Hampshire we lead the country in refusals. 84% of DWI arrests refuse to blow into the breath test gadgets, so at least there's no number to fight. But we still have the FSTs and the rest of it to deal with.

Bruce Arnold: 84% that's quite high.

Mark Stevens: That's right. The only people who blow into that thing are people that have never been arrested before or don't know any better. You should carefully consider whether you want to blow into something that doesn't work very well. Consider what you're going to do before you're under pressure. Talk to a lawyer before you end up in that pressurized situation in a police station.

Bruce Arnold: We have a special guest on the phone for you right now. Good morning.

Maine OUI Attorney John Webb: Good morning Mark.

Mark Stevens: Hey this is Big John Webb calling from Maine. If you're not familiar with John, John Webb is the King of York County OUI defense. Hey I appreciate you calling in today John.

John Webb: Mark it's my pleasure I appreciate you having me on.

Mark Stevens: Listen I want to ask you a question. Have you looked at New Hampshire House Bill 546 "the cell phone ban law" for New Hampshire?

John Webb: I did have a chance to look at that, and I have to tell you my first reaction was "what happened to live free or die"? I was absolutely shocked to see that proposed law in New Hampshire. I think if you look at the 4th Amendment law across the country, as it is starting to evolve specifically as it relates to cell phones, I think for all members of law enforcement, and for the prosecutorial side and the defense side, that the next frontier is the constitutional battles that we are seeing that are setting up from New Hampshire to California.

Mark Stevens: Sure. Live Free or Die or this third alternative that this law would propose.

John Webb: Well I'm sure you're aware of the decision from California earlier this year where the California Supreme Court ruled that a cell phone is no different than a shirt or a pair of pants. Once a law enforcement person has your cell phone in their custody it's free game as far as their ability to search it like a search incident to arrest and I assume that's the direction that New Hampshire wants to go. I think the California case alone is going to set up an epic showdown in the United States Supreme Court.

Mark Stevens: Right. I agree. Because these bans are coming up across the country, but this one in particular, just gives the police carte blanche to grab your phone and look at it, for what it says in here to tell what time you made the call. But a cop with a watch that can tell time can do it with his watch rather than nosing into your business.

John Webb: Yes and I don't think there's any doubt that once you get into that cell phone that who knows what you're going to come across or once you're in there making that allegedly innocent inquiry with respect to the time of the call.

Mark Stevens: Can I ask you one more quick question while I've got you? I know you have to run into court. What do you think of the potential vagueness challenge to the "immediate proximity to the ear" language in this statute?

John Webb: I think that opens a whole nother bag of challenges; it is unbeleivable vague. There's no guidelines as to how that is defined.

Mark Stevens: Thanks John. Listen I know you have to run to court. Thanks for calling in and for your inputs. Anybody who gets arrested in Maine would be smart to call John Webb of Nichols and Webb. @MaineOUI on twitter. John thank you very much.

John Webb: Thank you for your time and to every one who's listening.

Mark Stevens: Alright you have a good day.

END TAPE

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

Important Decision Effecting Massachusetts License Suspensions: DiGregorio v. Registrar of Motor Vehicles (February 17, 2011, Massachusetts Appeals Court)

2011-02-17T20:09:00.000-05:00

OUI laws and DWI laws. In a 2-1 split decision today, the Massachusetts Appeals Court issued an opinion that will effect a large number of Massachusetts drivers who receive license suspensions or revocations based on out of state DWI, DUI or OUI convictions. The case is DiGregorio v. Registrar of Motor Vehicles. In DiGregorio's case, he got convicted once in Massachusetts in 1997, then in Connecticut in 2000 and again in Connecticut in 2004. The Massachusetts Registry of Motor Vehicles did not find out about the Connecticut DWI convictions until December of 2007. The RMV notified DiGregorio that effective January of 2008, his Massachusetts driving rights were suspended until 2016, based on his having 3 OUI convictions. DiGregorio appealed the Registry's action, and argued successfully before the Appeals Court that the eight years should have begun on the date of his last Connecticut court revocation, namely eight years from 2004. Therefore he will get his eligibility to be licensed back again in 2012, rather than 2016 as the Massachusetts Registry had argued, and as their practice has been.

The Registry's long standing practice of initiating the minimum revocation period for out of state suspensions when the RMV receives notice, was therefore overturned by the Appeals Court. This should advance the drivers license restoration eligibility for a large number of drivers with out of Commonwealth DWI/DUI convictions.

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

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Your Privacy Rights Under Attack Again in New Hampshire-This Time It's HB 546

2011-02-12T15:13:00.000-05:00

Your privacy rights have come under attack again in New Hampshire, this time from the House of Representatives in the form of House Bill 546. This bill would eliminate cell phone use while driving (your cup of coffee may be safe until the next legislative session). The bill contains an even more onerous provision though: it allows a police officer who stops you to give you the $100.00 fine that this law would impose, to search your cell phone. That's right, he can see who you've been talking to, texting, tweeting, facebooking, or anything else you thought was private. It won't be private if this law passes.

I have included the language of this creepy proposed law below. Note that the legislators who sponsored the bill want to give the cops permission to search your cell phone without a warrant under this proposed law. The cop can simply search your cell phone if he feels like it or if he has nothing better to do. And it is a fair assumption that a cop who stops you for this type of infraction alone may not have anything better to do than nose around your phone.

Here is the language of the bill in italics:

HOUSE BILL 546

AN ACT relative to the use of hand-held cellular phones while driving.

SPONSORS: Rep. Pantelakos, Rock 16; Rep. Hofemann, Straf 6; Rep. Welch, Rock 8; Rep. Swinford, Belk 5

COMMITTEE: Transportation

ANALYSIS

This bill prohibits the use of hand-held cellular phones while driving a motor vehicle.

Explanation: Matter added to current law appears in bold italics.

11-0029

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the use of hand-held cellular phones while driving.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Rules of the Road; Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. Amend RSA 265 by inserting after section 105-a the following new section:

265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.

2 Effective Date. This act shall take effect January 1, 2012.

This bill is not a done deal yet though. You should let your representatives know how you feel about a law that allows the cops to search your cell phone because they saw it near your ear, or even whether you think cell phone users should be barred from the safe use of their phones at all. If the thought of cops searching your cell phones bothers you, you should make sure to let your representative know that your rights matter to you, and do so before they jack-hammer your Constitutional rights away again.

If you would like to talk about this on the radio this is one of the topics we'll be discussing on my radio show on WCCM AM 1190 at 9:00 a.m. on Thursday, February 17th.

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
Mark Stevens

Zip It ! by New Hampshire Defense Lawyer Mark Stevens

2011-02-02T18:21:00.000-05:00

Remember when the cops want to talk to you, Zip it!!!!

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
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Have a safe week,
Mark

William Pitt, the Elder, Bad Weather & The Right to Be Free

2011-02-02T15:39:00.000-05:00

Whenever we are faced with a bad storm like we are now, a famous speech from William Pitt, the elder, can be refreshing. Mr. Pitt made these remarks on March 10, 1763 regarding the freedom of man in his home from warrantless entries by the British government at the time. At the time 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.”

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
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Have a safe week,
Mark

New Hampshire DWI Lawyer Mark Stevens: Carry My Card

2011-01-25T23:20:00.000-05:00

New Hampshire DWI laws. Watch this new video:

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
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Arrested for Marijuana or DWI-drugs in New Hampshire?

2011-01-23T08:07:00.000-05:00

New Hampshire marijuana laws. New Hampshire DWI laws.

Yes they still prosecute simple possession of marijuana in New Hampshire. If you have been caught with the smallest amount of marijuana, (even if it hard to weigh) or a bit of residue on a pipe the state will prosecute you. Depending on the circumstances, the state will try to fine you, take away your driver's license, or even try to put you in jail. But you don't have to sit back and take it.

I posted a new video on YouTube regarding New Hampshire Marijuana laws. Here it is:

http://www.youtube.com/watch?v=2xIFDf6fCqA

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, or transportation of marijuana, feel free to call my office today, the Law Offices of Mark Stevens at 603-893-0074 to arrange a free consultation to discuss your case.

Feel free to visit my website for more information:

http://www.ByeByeDWI.com

I look forward to speaking with you.

Mark Stevens 603-893-0074

Not Guilty by DWI Defense Lawyer Mark Stevens

2011-01-03T23:44:00.000-05:00

http://www.byebyedwi.com
New Hampshire DWI laws. Salem, New Hampshire DWI lawyer Mark Stevens. Call Attorney Stevens today for a free consultation 1-603-893-0074.

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.

Have a Safe Night!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing drivers in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com

Busted For Shoplifting? Call NH Lawyer Mark Stevens Now 1-603-893-0074

2010-12-29T20:35:00.000-05:00

New Hampshire shoplifting laws; New Hampshire "willful concealment" laws. Salem, New Hampshire DWI lawyer Mark Stevens. Call Attorney Stevens today for a free consultation 1-603-893-0074.

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.

Have a Happy New Year!
Mark Stevens

New Hampshire DWI laws, shoplifting laws and other criminal laws. Have you been arrested in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police or the store's loss prevention people. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

No License Suspension is Automatic-NH DWI Lawyer Mark Stevens

2010-12-28T14:30:00.000-05:00

Salem, New Hampshire DWI lawyer Mark Stevens. Call Attorney Stevens today for a free consultation 1-603-893-0074.

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.

Have a Happy New Year!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Call New Hampshire Attorney Mark Stevens 1-603-893-0074

2010-12-27T17:22:00.000-05:00

New Hampshire DWI laws.

New Hampshire DWI laws. Call Salem, NH Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.

Have a Happy New Year!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My phone number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampton District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court. http://www.byebyedwi.com">

Merry Christmas From Mark Stevens

2010-12-22T14:10:00.000-05:00

Merry Christmas! Here is a Merry Christmas video with a few tips to avoid unwanted police contacts this Christmas season. Have a Merry Christmas every one!

New Hampshire DWI laws. Call Salem, NH Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.

Have a Merry Christmas and Happy New Year!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It's important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Representing clients in all New Hampshire courts: Candia District Court, Claremont District Court, Concord District Court, Conway District Court, Derry District Court, Dover District Court, Exeter District Court, Goffstown District Court, Hampston District Court, Henniker District Court, Hooksett District Court, Jaffrey-Peterborough District Court, Keene District Court, Laconia District Court, Lebanon District Court, Manchester District Court, Merrimack District Court, Milford District Court, Nashua District Court, Newport District Court, Plaistow District Court, Ossipee District Court, Plymouth District Court, Portsmouth District Court, Rochester District Court, Salem District Court.

Lawyer Up & Shut Up by New Hampshire Criminal Defense Attorney Mark Stevens Call 1-603-893-0074 - Avvo.com

2010-12-14T09:29:00.000-05:00

Salem, New Hampshire criminal defense lawyer Mark Stevens. This video is now also featured on avvo:

Lawyer Up and Shut Up by New Hampshire Criminal Defense Lawyer Mark Stevens 1-603-893-0074 - Avvo.com

Remember, if the cops want to talk to you, "lawyer up and shut up" while you still have the chance.

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It is important to know what to do before you are under the pressure of an unwanted encounter with the cops. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Avoiding Unwanted Police Contacts During the Holiday Season by Attorney Mark Stevens 1-603-893-0074

2010-11-26T16:29:00.000-05:00

The holiday season is here, and that brings with it increased police patrols all over the New Hampshire. Your chances of being stopped by the police are greater than ever due to increasing numbers of DWI roadblocks and “DWI saturation patrols”, which involve putting extra patrol cars on the road and making traffic stops for the most minor traffic infractions or equipment violations.
More and more stops are made for having a plate light out, or an expired registration sticker. This is not because the police have taken a sudden interest in the robustness of your plate light; they need an excuse to stop you and look for drug or alcohol impairment. By taking a few simple precautionary steps you can reduce the risk of an unwanted encounter with the police this holiday season.
Make sure that you are vigilant about keeping your license, registration and inspection stickers up to date. You should check all these today. You should also make sure that all the lighting is working on your vehicles before you drive, especially at night. Burned out plate lights and tail lights are a magnet for blue lights during the holiday season. It is best to turn your car on and have a friend observe your plate lights and brake lights to insure they are working.
Your chances of having an unwanted encounter with the police this month are high enough already. If you drive through a roadblock or even drive by a cruiser with an expired inspection sticker or a light out, it is like have a banner on your vehicle that says, “Stop Me”. A little precaution can avoid a lot of trouble.

PREPARATION FOR GETTING STOPPED BY THE POLICE. It is not a bad idea to prepare for your car getting stopped. Have your license and registration in an easy place to find and an easy place to quickly and effortlessly produce both items 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 if you do not already have one. If you do not have one send me an email 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, until it becomes natural. It will make it easier to do if you ever have to produce them under a pressurized roadside situation.
The best way to avoid getting arrested for DWI or any other crime is not to commit it. But many people who get accused of crimes did not commit them. If you practice the above tips you can take some proactive steps to minimize your chances of being stopped and hassled by the police.

Have a Merry Christmas and Happy New Year!
Mark Stevens

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It is important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Latest Casualty in "War on DWI": The Truth

2010-11-12T09:40:00.000-05:00

Well the latest casualty in the "War on DWI", following the demise of our Fourth Amendment right to be free from warrantless seizures and searches in DWI roadblocks, is the Truth. Watch this youtube video from New Mexico's Channel 13 in which an investigative reporter busted the head of the local DWI roadblocks cheating on his time cards numerous times. Just one more part of the trampling of your rights when you roll into a DWI roadblock.

New Hampshire DWI laws. Have you been arrested for "driving while intoxicated" in New Hampshire? It is important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Boating While Intoxicated

2010-11-01T21:13:00.000-04:00

New Hampshire DWI laws. Have you been arrested for "boating while intoxicated" in New Hampshire? Watch this video. It is important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

New Hampshire's Marijuana Laws

2010-11-01T08:49:00.000-04:00

New Hampshire marijuana laws. Have you been arrested for "possession of marijuana" in New Hampshire? Yes; it's still a crime here. Watch this video. It is important to know what to do next after an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

10/ 23/10 Attorney Mark Stevens Appears on WMUR's 6pm News

2010-10-25T13:06:00.000-04:00

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Mont Vernon Murder Trial Coverage Continues on Channel 9

2010-10-16T13:43:00.000-04:00

New Hampshire criminal defense lawyer Mark Stevens.

Mont Vernon Murder Trial Coverage

Interviewed by WMUR TV Channel 9 on the Steven Spader case.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Jury Selection Begins In Mont Vernon Trial - New Hampshire News Story - WMUR Manchester

2010-10-13T15:32:00.000-04:00

Jury Selection Begins In Mont Vernon Trial - New Hampshire News Story - WMUR Manchester

Interviewed by WMUR TV Channel 9's Amy Corvino on jury selection in the Steven Spader case.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Be A Zero by New Hampshire DWI Defense Lawyer Mark Stevens

2010-10-09T09:17:00.000-04:00

New Hampshire DWI laws. If the police ask you to rate yourself as to how drunk you are on a scale of one to ten, ANSWER "ZERO". It's the only good answer. Watch this video. It is important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Marijuana Laws

2010-09-30T22:35:00.000-04:00

New Hampshire marijuana laws. New Hampshire DWI laws. If you have been arrested for possession of marijuana, possession of marijuana with intent to distribute, or any other drug charges in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free consultation today.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Lawyer Up and Shut Up : by New Hampshire DWI Lawyer Mark Stevens

2010-09-29T10:23:00.000-04:00

If the police want to question you, exercise your Miranda rights: lawyer up and shut up. Watch this video. It is important to know your rights before they are taken away. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

New Hampshire Laws: "Minor in Possession of Alcohol" or "Unlawful Intoxication"

2010-09-06T14:07:00.000-04:00

Hew Hampshire DWI Laws. http://www.byebyedwi.com

This is "back to school week" at our New Hampshire colleges and universities, and this also spells an unusually high number of arrests for "minor in possession of alcohol" and "underage intoxication" (meaning intoxication by alcohol by a person under the age of 21. Here is the current state of New Hampshire’s “minor in possession of alcohol” and “unlawful intoxication by a minor”. The law that governs these charges is found at RSA 179:10, which I have reproduced below. If you are charged with this it is important to realize that the state is about to try to take away your right to drive, even if this incident did not involve driving. Here is a copy of the law:

RSA 179:10 (2010)

179:10 Unlawful Possession and Intoxication.

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.
_______________________________________________________________________________

It is important to speak with a lawyer before you go to Court. "Going to the Court date and seeing what will happen" is not a good idea; nothing good will happen if you wait to see what will happen. If you were arrested at UNH this weekend your arraignment is probably on or about September 23rd. It is important to know your rights before they are taken away. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074. I look forward to speaking with you.

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

Many states have laws like this regarding underage drinking. If you've been arrested in Virginia contact Virginia DUI Lawyer:
http://www.virginia-duilawyers.com

New Hampshire DWI Roadblocks Up and Running Tonight

2010-08-13T21:23:00.001-04:00

http://www.byebyedwi.com

The seasonal summertime trampling of the Constitution continues this weekend, with at least one DWI roadblock being run tonight on Route 101 in Milford, NH. Prepare for an encroachment into your privacy whether you've been drinking or not. If you get ordered, requested or invited to get out of your car or truck for the sidewalk gymnastics known as "field sobriety tests", you will probably not be invited to get back into your car. Choose carefully what you do and don't do during an unwanted encounter with the police. See this video, called Lawyer Up and Shut Up:

http://www.youtube.com/watch?v=0pqQ_TR_NSk

This video and some other topical videos about New Hampshire DWI laws, boating while intoxicated laws and related issues can be found on my YouTube channel at:

http://www.youtube.com/nhdwilawyer

Know your rights and exercise them.
Mark Stevens

http://www.ByeByeDWI.com

New Hampshire Theft Laws: Penalties & Classifications of Thefts Changed Effective July 1, 2010

2010-08-06T22:09:00.000-04:00

http://www.attorneymarkstevens.com
On July 1, 2010 important legal changes took effect that change the classification of certain theft charges. The most significant of these is the monetary amounts used to trigger felony charges. Prior to July 1, 2010, every theft alleging a total value of goods over $500 triggered a felony charge. After the July changes to the law, a theft, wilful concealment or shoplifting charge is a misdemeanor if a first offense and if the value of the goods is less than $1000.00. If the value of the goods is greater than $1,000.00 but less than $1500.00, the charge may be brought as a Class B Felony. If the alleged value of the goods is greater than $1500.00, the charge can be brought as a Class A felony.

Below is the new law:

CHAPTER 637 Theft
RSA 637:11 (2010)( Effective July 1, 2010).

637:11 Penalties.

I. Theft constitutes a class A felony if:

(a) The value of the property or services exceeds $1,500, or

(b) The property stolen is a firearm, or

(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.

II. Theft constitutes a class B felony if:

(a) The value of the property or services is more than $1,000 but not more than $1,500, or

(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or

(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or

(d) The property or services stolen are from 3 separate business establishments within a 72-hour period, or

(e) The property is stolen with intent to resell or distribute. It would be prima facie evidence that the offense constitutes theft with intent to resell or distribute when the theft consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or

(f) The property received in violation of RSA 637:7 consists of goods or merchandise in quantities that would not normally be purchased for personal use or consumption, or

(g) The actor has twice before been convicted of offenses under RSA :3-a, II and the present and prior convictions were based on offenses committed within a 36-month period.

III. Theft constitutes a misdemeanor if the value of the property or services does not exceed $1,000.

For questions concerning any New Hampshire theft, willful concealment or shoplifting charges please feel free to call the Law Offices of Mark Stevens at 1-603-893-0074 for a free case consultation.

Have a safe weekend,
Mark Stevens

Visit: ByeByeDwi.com

Ze Papers Please! Noise Police Block Roads on New Hampshire Seacoast

2010-07-27T16:25:00.000-04:00

Road blocks-they're not just for DWI arrests any more. Read this article from Seacoast Online about police activities in the seacoast area-blocking roads to check motorcycles for noise, among other things:

www.seacoastonline.com/articles/20100727-NEWS-7270385

Do "all motorcyclists appreciate" these new roadblocks like the police say in this article? What do you think? A quick reading of Delaware v. Prouse and City of Indiannapolis v. Edmonds would see seem to indicate that this type of roadblock is unconstitutional, but we'll have to wait until some one doesn't appreciate the roadblock to find out.

Know your rights and exercise them.
Mark Stevens
http://www.ByeByeDWI.com

State of New Jersey v. Marquez: Important Implied Consent Law Decision Issued July 12, 2010

2010-07-15T22:19:00.003-04:00

DWI laws, implied consent laws. The New Jersey Supreme Court was faced with the question of first impression as to whether, under their state's "implied consent law", the law requires a police officer to inform drivers of the consequences of refusing to consent to a breath test in a language that the driver speaks or understands. In State v. German Marquez, a non-English speaking driver was arrested for DWI and read a complex, eleven paragraph statement in English that described the myriad legal consequences of his decision whether to take a breath test or to decline one. On July 12, 2010, the Court vacated the portion of Marquez' sentence that was based on his declination of the breath test, ruling that the plain meaning of the statutory requirement that a driver be informed of his rights and potential consequences under the implied consent law requires that the advisories must be given in a language that the driver speaks or understands.

Know your rights and exercise them.
Mark Stevens
Visit: ByeByeDwi.com

New Hampshire Boating While Intoxicated

2010-07-02T16:53:00.001-04:00

Visit: ByeByeDwi.com

“Operation Dry Water,” is a federally funded program where police are fishing for boating while intoxicated (BWI) arrests on the water. Be careful while boating, New Hampshire laws regarding boating while intoxicated convictions entail the same severe consequences that a New Hampshire DWI conviction can bring. Not only could you potentially lose your boating license, but your driver’s license too!

Just like when you are stopped on the road in your car for suspected drinking and driving, you also have rights while boating in New Hampshire. Know your rights, and know what to do if you are stopped by police while boating. If you have been arrested for boating while intoxicated, "aggravated boating while intoxicated" or "boating under the influence" in New Hampshire, call today at 1-603-893-0074 for a free initial consultation and case evaluation. We look forward to speaking with you.

Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com

Happy Fourth of July Weekend

2010-07-02T16:24:00.000-04:00

New Hampshire DWI laws. Happy Fourth of July! This a great weekend and the weather is supposed to be good in New Hampshire and Massachusetts all three days of this long weekend. You should be aware that there are enhanced police activities during this weekend, including DWI roadblocks and "DWI saturation patrols", which are officers turned loose with a directive to make DWI arrests that are paid for by federal grants. If they don't make enough arrests, they may not get a grant the next time federal money is being doled out. So be carfeul this weekend. In an effort to reduce your chances of being pulled over and hassled, (whether you have been drinking or not) remember a few of these tips:

1.Make Sure Your Inspection Stickers and Registrations Are Valid
Especially during this high-traffic weekend, make sure your inspection sticker and registration are valid and up to date. Police will immediately pull you over if they notice your sticker is expired, and if there’s a chance that you have been drinking, the consequence could be much more severe. The penalty for a motor vehicle code is usually around $60, but if the police smell alcohol, there’s a good chance that you may end up arrested. Save the hassle and avoid it all, have your stickers up to date!

2.Make Sure Your Plate Lights and Other Lights Work
Every day when the sun starts to set, it is important to have your headlights on to avoid any accidents with other vehicles. This weekend especially, make sure to check that all of your lights on your car aren’t in need of a new bulb, and are correctly functioning. If the police notice your car driving in the dark with no lights on, there’s another immediate reason to pull you over. Police will sometimes assume that you forgot to turn them on due to being drunk. They will use any reason they can to land a DWI on you. Avoid this at all costs by checking your lights!
Remember two of these important tips and you’ve already got a head start for the holiday weekend.

Have a safe weekend,
Mark Stevens
Visit: ByeByeDwi.com

What's Happened to Our Miranda Rights? by New Hampshire DWI Lawyer Mark Stevens

2010-07-02T08:59:00.000-04:00

What has happened to your Miranda rights? Do they still matter, or have they been reduced to a meaningless ritual? New Hampshire DWI and criminal defense lawyer Mark Stevens and Massachusetts OUI and criminal defense lawyer Jay Milligan are guests of Attorney Kendra Cooper on this episode of Q & A. The topic is the current state of a citizen's Miranda rights, and what constitutes a waiver of Miranda rights, in light of the United States Supreme Court's landmark decision in Berghuis v. Thompkins on June 1, 2010. A discussion of the Thompkins case and how it may affect future criminal cases in New Hampshire and Massachusetts under federal constitutional analysis. Here is a link to the video which is now up on YouTube:

Visit: Visit: www.youtube.com/watch?v=_qHIYOPIzQw

If you've been accused of DWI or any other crime in New Hampshire please feel free to call me at 1-603-893-0074 for a free consultation about your case.

Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Visit: ByeByeDwi.com

For Maryland DUI attorneys, see maryland-dui-lawyers.com

Visit: maryland-dui-lawyers

June 12-20 - Laconia Motorcycle Week

2010-06-11T12:41:00.000-04:00

Visit: ByeByeDwi.com Tomorrow, June 12th, marks the beginning of Laconia's famous Motorcycle Week. Along with the many festivities that visitors will encounter, there is also the possibility of running into the police. Because Laconia will be a huge tourist destination this week, police will be everywhere.

In the chance that you are accused of driving while intoxicated(DWI), remember that you have the right to an attorney. If this happens, call the Law Office of Mark Stevens at 1-603-893-0074, and we'll be glad to help you with a consultation.

Directions to the Laconia District Court can be found: here.

Have a safe week.

More False Convictions Based on False Breath Tests-This Time It's D.C. DUI Defendant-Victims

2010-06-10T12:03:00.001-04:00

Visit: ByeByeDwi.com During a New Hampshire DWI trial I was asked by the judge, "why would an innocent person refuse to take a breath test?". My answer, in part, was that many innocent people simply don't trust the government generally and the police in particular. An innocent person who felt she had passed all her field sobriety tests is less likely to continue to perform tests after she is arrested. Conventional wisdom is that the old gray breath boxes don't work and in New Hampshire it's up to the cop whether you get to have a blood test or breath test.

Well here's another horror story, this time from Washington, D.C. where the officer in charge of calibrating the state's breath machine improperly set the alcohol baseline so that every test on all 10 of the police breath gadgets overstated every breath test result by 20%. This resulted in 400 false convictions based entirely on the printout from a machine that had been falsely set by a cop. Most of these 400 people went to jail because of these erroneous readings. So why would an innocent person refuse to take a breath test? After reading this story the only surprise might be if any one who reads it would ever blow into one of these aging breath test hoses.

>Visit: washingtonpost.com/wp-dyn/content/article/2010/06/09/AR2010060906257.html.com

If you've been accused of DWI in New Hampshire please feel free to call me at 1-603-893-0074 for a free consultation about your case.

Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Visit: ByeByeDwi.com

For District of Columbia DUI laws, see dui-dc.com

Visit: dui-dc.com

"Operation Dry Water"-It's Boating While Intoxicated Season Again

2010-06-01T13:54:00.000-04:00

Visit: ByeByeDwi.com The summer boating season is here. So is Operation Dry Water, a federally funded program under which police fish for "boating while intoxicated" arrests. Boating While Intoxicated, also known as a "BWI" is an allegation of operating a boat on a public waterway while intoxicated.

If you've already been arrested for boating while intoxicated, then you will probably be shocked to learn that the consequences for a BWI are the same as for a New Hampshire DWI conviction. Avoiding a New Hampshire BWI conviction is important!

Just as when you are stopped on the road in your car for suspected drinking and driving, you also have rights while boating in New Hampshire. Know your rights, and know what to do if you are stopped by police while boating! If you have been arrested for boating while intoxicated, "aggravated boating while intoxicated" or "boating under the influence" in New Hampshire, call today at 1-603-893-0074 for a free initial consultation and case evaluation. We look forward to speaking with you.

Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Visit: ByeByeDwi.com

Avoiding Unwanted Contacts With the Cops this Holiday Weekend

2010-05-28T09:50:00.000-04:00

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

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

2010-05-20T20:41:00.000-04:00

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

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

2010-05-10T09:23:00.001-04:00

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

Guest Post Today by Becky Kate of Legal Brand Marketing

2010-05-04T20:18:00.000-04:00

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

Victory for New Hampshire Citizens: Supreme Court Rejects State's Effort to Eliminate Your Right to Independent Breath Testing

2010-04-28T16:46:00.000-04:00

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

No Warrant No Search-A DWI Case Victory by Attorney Mark Stevens 1-603-893-0074

2010-04-15T19:46:00.000-04:00

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

New Hampshire's DWI Laws and "Aggravated DWI Laws" by NH DWI Lawyer Mark Stevens 1-603-893-0074

2010-04-03T10:40:00.000-04:00

"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's Habitual Offender Certification Laws by Salem DWI Lawyer Mark Stevens 1-603-893-0074

2010-03-20T08:06:00.001-04:00

Have you been served with a hearing notice for a "habitual offender certification" hearing at the New Hampshire DMV? You may be wondering how the state establishes "habitual offender certification" under New Hampshire law. Below I have reproduced the law governing habitual offender calculus used by the New Hampshire Department of Safety to calculate whether you are certifiable as a "habitual offender" under the New Hampshire Motor Vehicle Code.

RSA 259:39 Habitual Offender (2010).

"Habitual offender" means any resident or nonresident person whose record, as maintained in the office of the division, shows that such person has accumulated convictions in the number provided in paragraph I, II or III of this section for those offenses listed therein and committed within a 5-year period, based on the date of the offense. After a conviction for an offense listed either in paragraph I or in paragraph II and during the 5-year period, if a subsequent single incident results in convictions for more than one offense under the same paragraph, each such conviction may be counted separately for the purpose of certifying a person as an habitual offender. A person who meets the requirements of one of the following 3 paragraphs shall be certified as an habitual offender:

I. Three or more convictions, singularly or in combination, of the following offenses:

(a) Conviction of any offense specified in RSA 261:73;

(b) Conviction of any offense specified in RSA 262:1, I;

(c) Conviction of any offense specified in RSA 262:8;

(d) Conviction of any offense specified in RSA 262:12;

(e) Conviction of any offense specified in RSA 262:13;

(f) Conviction of any offense specified in RSA 263:12, V;

(g) Conviction of any offense specified in RSA 263:64;

(h) Conviction of any offense specified in RSA 264:25;

(i) Conviction of any offense specified in RSA 265:4;

(j) Conviction of any offense specified in RSA 265:79;

(k) Conviction of any offense involving a vehicle specified in RSA 265-A:2, I;

(l) Conviction of any offense involving a vehicle specified in RSA 265-A:3;

(m) Conviction under RSA 630:2 of manslaughter resulting from the operation of a motor vehicle;

(n) Conviction under RSA 630:3 of negligent homicide resulting from the operation of a motor vehicle;

(o) Conviction of any felony in which a motor vehicle is used;

(p) Conviction of any offense specified in RSA 265:75;

(q) Conviction of any offense specified in RSA 265:54;

(r) Conviction of any offense specified in RSA 265:82; or

(s) Conviction of any offense specified in RSA 265:82-a.

II. Twelve or more convictions, singularly or in combination, of the following offenses:

(a) Conviction of any offense specified in RSA 265:22.

(b) Conviction of any offense specified in RSA 265:60.

(c) Conviction of any offense specified in RSA 263:1.

(d) Conviction of any offense specified in RSA 263:63.

III. A combination of one conviction of an offense specified under paragraph I and at least 8 convictions, singularly or in combination, of offenses specified under paragraph II; or a combination of 2 convictions, singularly or in combination, of offenses specified under paragraph I and at least 4 convictions, singularly or in combination, of offenses specified under paragraph II.

The attorneys in my office represent people facing habitual offender certification hearings. If you have been served with a habitual offender certification hearing notice, please feel free to call my office today at 1-603-893-0074 to arrange a free consultation to discuss your case.

Have a safe weekend,

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

Over the Limit or Over the Rainbow? Cop Embellishes .06 up to .10, Loses Lawsuit

2010-02-23T12:48:00.000-05:00

Here's food for thought. What if the cops said your breath test result was higher than a .10 but you were sober. Doesn't matter any more, right, because you'd be "over the legal limit", meaning a breath test allegedly higher than a .08. But what if the cop exaggerated your breath test result, all the way up from a .06 to over a .10? Surely no cop would do that would they? Read this infuriating case from Vermont where that's exactly what happened:

http://www.burlingtonfreepress.com/article/20100219/NEWS02/100218040

To top it off, the state is still clinging to the notion that they have the right to do exactly what this trooper did! Despite losing a lawsuit for this driver's damages, the state's lawyer argues that the trooper was "out there trying to do his job".

So why do innocent people refuse to blow into these gadgets again? Yet another dark tale of a sober person whose "result" was higher than .08.

Have a safe night,

Mark Stevens
Call the Law Offices of Mark Stevens for a free consultation for your DWI case today at 603-893-0074.

http://www.ByeByeDWI.com

Man Arrested for DWI Dies Horrific Death in Custody in Georgia

2010-02-11T16:12:00.000-05:00

Warning: this jail surveillance video may be disturbing. A man arrested for DWI in Georgia was taken in custody and placed in a county jail where he died. As you will see in the story from Atlanta's CBS affiliate below, this video is disturbing. This man was restrained in a chair for 14 hours while he was suffering from DTs and he died. It is also shocking that the same sheriff's office tried to serve a warrant on the man for failing to appear in court after he had died in custody.

http://www.cbsatlanta.com/video/22529372/index.html

Note the level of concern from the sheriff during this interview about this man's agonizing death in his jail.

For information about New Hampshire DWI laws and DWI cases, please feel free to visit my website at:

http://www.ByeByeDWI.com

If you have been arrested for DWI in New Hampshire please feel free to call my office at 603-893-0074 for a free initial consultation. We look forward to speaking with you.

Mark Stevens

When Asked By a Cop to Rate Yourself On a Scale of Zero to Ten, Be A Zero

2010-02-05T18:48:00.000-05:00

If you are arrested for DWI in New Hampshire, the arresting officer may ask you to rate yourself. The trick question goes along these lines: "So on a scale of zero to ten, with zero being stone cold sober and 10 being falling down drunk, where would you rate yourself." The cop is not going to factor your answer into his arrest decision. He has already decided to arrest you he just hasn't shared that bad news with you yet.

The cop is asking you this question so that you will incriminate yourself. If you cannot remain silent, as you should, answer "ZERO" and say no more. I posted a new video on YouTube regarding answering "zero", called: "Be A Zero": Here it is:

http://www.youtube.com/watch?v=cl0uT42CIqo

If you have been arrested in New Hampshire of "Driving While Intoxicated" (DWI), and/or possession of drugs or alcohol, feel free to call my office today at 603-893-0074 to arrange a free consultation to discuss your case, either at my office in Salem, New Hampshire or by phone.

I also invite you to visit my website for more information:

http://www.ByeByeDWI.com

I look forward to speaking with you.

Mark Stevens 603-893-0074

No Warrant No Search-YouTube Video Posted This Week by New Hampshire Criminal Defense Lawyer Mark Stevens 603-893-0074

2010-02-04T09:16:00.000-05:00

I posted a new video on YouTube regarding requests by the police for consent to search you without a warrant: Here it is:

http://www.youtube.com/watch?v=dYzYNHT7r7Y

If you have been accused by the police in New Hampshire of "Driving While Intoxicated" (DWI), and/or possession of drugs or alcohol, feel free to call my office today at 603-893-0074 to arrange a free consultation to discuss your case, either at my office in Salem, New Hampshire or by phone.

Feel free to visit my website for more information:

http://www.ByeByeDWI.com

I look forward to speaking with you.

Mark Stevens 603-893-0074

Verifiable DWI Road-Block Death Toll: Lives Lost 1; Lives Saved 0

2010-01-22T12:57:00.000-05:00

The story continues in the first reported death caused in a DWI roadblock. Today's Eagle Tribune article by JJ Huggins chronicles the latest news in this horrific case that was spawned by a Thanksgiving Eve DWI roadblock in Massachusetts. Read about the blunt force trauma to the head, face and chest of this passenger who was killed in a DWI roadblock. The police can never prove that a single life has been saved in a DWI roadblock. But now at least one has been lost. Lucky for everybody, this is "still under investigation". Here is a link to the Eagle Tribune article.

http://www.eagletribune.com/punews/local_story_022011609.html

Wouldn't it be helpful for this investigation if this incident had been videotaped? Police videotape arrests and roadblocks around the country, why not here? Because people seldom look or sound as drunk on a real video recording as they sound in a police report?

http://www.ByeByeDWI.com

Have a safe night,

Mark Stevens

Do People Ever Get Arrested For No Good Reason?

2010-01-18T16:41:00.000-05:00

Hello Everyone,
This video shows a Jets fan getting arrested at Qualcom stadium in San Diego at yesterday's playoff game, apparently for cheering for the Jets. He wasn't swearing, fighting or doing anything illegal at all. His crime seems to be chanting "Jets! Jets! Jets!" and pointing at his Jets shirt. Watch this disturbing video of a platoon of cops arresting him. Listen closely as the police discuss using a taser on the Jets fan.

http://www.youtube.com/watch?v=wJqd_5fC7ZI

Please don't play this with children watching as the audio picks up another fan using some obscenities while protesting the innocent man's arrest. I don't know what this man was charged with, but I would guess some combination of Disorderly Conduct, Resisting Arrest and maybe even an assault charge or two. This happens in many cases because there is no video. This will be an interesting story to follow.

http://www.ByeByeDWI.com

Have a safe night,

Mark Stevens

Change You Can Believe In: A Common Sense Change to New Hampshire's "Certification as a Habitual Offender" Law

2010-01-14T09:44:00.000-05:00

The Criminal Justice and Public Safety Committee of the New Hampshire House of Representatives will meet today on HB 1173, a bill titled, "An act relative to the requirement for certification as a habitual offender". This bill is sponsored By Representative Keans. I will be testifying in favor of the passage of this bill on behalf of the New Hampshire Association of Criminal Defense Lawyers. A copy of the bill can be read by clicking this link below to the New Hampshire Liberty Alliance's page:

http://www.nhliberty.org/bills/view/2010/HB1173">

This bill seeks to make a common-sense change to the current version of New Hampshire's :certification as a habitual offender" law, which currently treats a violation level conviction for "operating after suspension" the same as a DWI, leaving the scene of an accident, reckless driving, and other "major offenses". The underlying suspensions for an "operating after suspension" charge in New Hampshire under RSA 263:64, though, can be for something as minor as failing to pay a ticket or fee.

It is important to note that this bill would not change the treatment of any convictions for driving after a DWI suspension, as those are covered under a separate statute. Please let your state representative know that this bill makes sense to you and encourage its passage in the house of representatives.

http://www.ByeByeDWI.com

Have a safe night,

Mark Stevens

1st 2010 Not Guilty Verdict in, by Mark Stevens 603-893-0074

2010-01-09T19:32:00.000-05:00

Hello everyone,

I am happy to post my first Not Guilty verdict of 2010. Follow this link to my website ByeByeDWI.com and see the details of a Not Guilty verdict after trial on a DWI case:

http://www.ByeByeDWI.com

Have a safe night,

Mark Stevens

Happy New Year! From New Hampshire Lawyer Mark Stevens 603-893-0074

2009-12-31T19:13:00.000-05:00

Happy New Year! Please drive safely. Don't forget the new "no texting law" goes into effect at midnight tonight; don't give the police any extra reasons to stop you tonight. Make sure and check your lights, including plate lights before heading out tonight. Any equipment violation will get you stopped on New Year's Eve. Take a cab if you need to or arrange for a designated driver. If you do run into any weekend issues feel free to call at any time. Don't wait until Monday! Call 603-893-0074, or in New Hampshire call toll free 1-800-DWI-LAWS.

Have a safe night,

Mark Stevens

http://www.ByeByeDWI.com

Posting Names of Drivers Accused of DWI on Twitter-The Latest Tactic in the DWI Witch Hunt

2009-12-28T21:09:00.000-05:00

Here's the latest twist on punishing people charged with DWI, whether or not they're ever convicted. As the article below describes a new tactic will be employed by at least once county in Texas: publicly tweeting the names of drivers suspected of DWI by the police on twitter. That's right, no waiting around until the actual court verdict, or for the Constitution to get in the way of some old fashioned public scorn, they'll just start the punishment process immediately upon arrest.

And because this unusual move has gained a lot of attention, it will probably be copied by other jurisdictions. Most actions against people accused of DWI are quickly mimicked by other jurisdictions across the country; the harsher the procedure the more likely it is to be parrotted. Here is a link to the story and the goal of humiliating the DWI suspects.

http://www.examiner.com/x-6689-Houston-Page-One-Examiner~y2009m12d23-DWI-suspects-names-on-Twitter

What will happen to the citizens who win their cases, I wonder? In the interest of fairness will the county tweet "not guilty" and "case dismissed" results?

Have a safe night,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

New YouTube Video on DWI Roadblocks-See RCTV Q and A Episode 5

2009-12-23T20:21:00.000-05:00

Hello everyone. This new video was just posted on YouTube today. This is currently running on RCTV. It is Q and A hosted by Kendra Cooper. Massachusetts OUI defense attorney Jay Milligan and I were guests on this episode, which deals with DWI roadblocks.

http://www.youtube.com/watch?v=zHWueW5wbNY

If you or a loved one has been stopped in a New Hampshire DWI roadblock and arrested for a DWI or other offense please feel free to contact my office for a free initial case consultation.

Have a safe night,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

Another State Crime Lab (NY) in Shameful Disarray

2009-12-18T19:46:00.000-05:00

I was asked during a trial this year by a judge why any one who was innocent would refuse to take a breath or blood test to prove his or her innocence after a DWI arrest. My answer was longer than I can include here, but part of it was that many people simply don't trust the government's tools that they use to convict people, some of whom are sober. In other words, it is not consciousness of guilt; it is consciousness of the fallibility of the means by which the government gathers evidence in DWI cases.

For the most part, the police do not videotape the arrests and roadside gymnastics, so impairment is in in the eye, memory and report of the beholder. And now the nationwide general state of forensic crime lab testing has come under scrutiny. Now yet another shocking report about the state crime lab in New York has been published. See this link to an ABA article that discusses the study. One NY analyst did not know how to use a microscope. One New York crime analyst's results were falsified to the point that one-third of his 322 "test results" were compromised.

http://www.abajournal.com/news/article/report_slams_shoddy_work_at_state_police_lab/?utm_source=feedburner&utm_medium=feed&utm_campaign=ABA+Journal+Daily+News&utm_content=Twitter>/a>

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

New Case Results on ByeByeDWI.com - "Tazed But Not Suspended" by Mark Stevens 603-893-0074

2009-12-14T13:00:00.000-05:00

Hello everyone. I have posted two new case results on my website, one a dismissal of a boating while intoxicated charge and the other is the dismissal of an ALS suspension after the driver was tazed:

http://www.ByeByeDWI.com

You will see a victory in a boating while intoxicated that was dismissed during a trial in District Court last week. In that case most of the evidence was suppressed after my motion to suppress was granted based on an illegal extension of the initial stop of the driver by police. It is important to challenge any and all evidence the state tries to present in a DWI or boating while intoxicated case.

Another noteworthy case result is the administrative license suspension hearing victory from November 24, 2009. In that case, the citizen was climbing out of a vehicle that had come to rest against a tree just off the road. After a brief unfriendly discussion with police, an officer electronically shocked the citizen, and charged him with DWI, resisting arrest and a medley of other alleged transgressions. As you can read, his administrative license suspension for allegedly refusing a blood test was dismissed after a hearing. See the article titled Tazed But Not Suspended. Further proof that the only really "automatic" suspensions are the ones that don't get challenged.

Have a safe day,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

"Green Tongue" Evidence Tossed Again: Junk Science Exposed in Georgia-NH DWI Lawyer Mark Stevens 603-893-0075

2009-12-13T20:50:00.000-05:00

Hi everyone. Here's a link to a story about a bogus, false arrest. The cops noted "a reddening of the conjunctiva and a greenish color on the driver's tongue". The "reddening" would be the same if you smoked weed, overslept, didn't sleep, drank a lot of coffee, didn't drink enough coffee, stayed outside in the sun or almost anything else, because "reddening of the conjunctiva" is in the "eye" of the beholder. The "greenish tongue" could be caused by eating green Italian wedding cookies, jalapenos or anything else with green food coloring. But as many of us have heard, cops will testify that "based on their training and experience, a green tongue means that the green tongued person had smoked weed". The beauty of this case: the "suspect" agreed to a blood test that revealed that he had not smoked any marijuana! Maybe they should change the "green tongue" part of the curriculum at the police academy?

http://www.celebstoner.com/200912053330/news/drug-bust-news/nas-dui-dropped.html"

The police will stretch logic and reason to the point of absurdity. If you hear testimony that doesn't make sense, don't buy what they're selling simply because they bolster the comment with "based on my experience and training". As you can see in this case, a blood test entirely disproved this officer's "training and experience" about "green tongues".

Have a safe day,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

The Curious Case of Raymond Oscar Butler by Mark Stevens 603-893-0074

2009-12-12T08:55:00.000-05:00

Hello everyone. This post, as well as a search and seizure case post to be published later today, does not involve a New Hampshire DWI case. It does, though, involve an interesting Sixth Amendment right addressed by the California Supreme Court in which it reversed a death penalty conviction a couple of days ago. The case is People of California v. Raymond Oscar Butler, decided December 10, 2009. Note the date of the opinion if you search for more information on it because it is not Mr. Butler's only death penalty conviction and it is not even his only death penalty case.

The case involves the application of Faretta v, California and the right of a person accused of a crime to act as one's own lawyer. Faretta set the standard for the criminally accused to act pro se (in California this is called pro per), as their own counsel. In 2008 though, the U.S. Supreme Court had decided in Indiana v. Edwards that Edwards' trial judge had correctly denied his request to act as his own counsel because of his mental illness. The government argued in Butler that the Edwards case had dimmed the bright line rule of Faretta and that the trial judge had been justified in denying Mr. Butler the right to represent himself. The facts of Butler, though, are that the trial judge denied Butler the right to act pro se because of numerous security restrictions the jail had placed on him, which would limit his access to the prison library and other resources necessary to prepare a defense. This is a markedly different situation than Edwards. A brief history of this case is interesting:

In 1994 Raymond Oscar Butler was arrested and charged with killing two college students during a carjacking in San Pedro, CA. He was subsequently convicted of both of those murders in 1995 and sentenced to death. While awaiting trial on those two murders though, he was charged with the 1st degree murder of a fellow inmate in the LA county jail in a stabbing death on the way to the showers. The fellow inmate was stabbed with a handcuff key that had been fashioned into a shank.

Aside from the jailhouse murder charge, Butler had other disciplinary issues while incarcerated, including three counts of possession of razor blades, and the state moved to prevent him from access to the jail's law library because of security concerns. The trial court agreed but the California Supreme Court in a 5-2 decision reversed and remanded the case for a new trial, noting that under Faretta Mr. Butler had the right to defend himself as his own counsel.

It was not lost on all concerned with the case (or on the Faretta Court either) that acting as one's own counsel in a first degree murder trial is not clever. The chances of success representing oneself in a murder trial are about the same as removing one's own appendix successfully: at some time in history some one has probably done it and lived, but it is more likely and much less painful if if the matter is handled by professionals.

So Mr. Butler's latest death penalty conviction has been reversed and remanded for a new trial. It will be interesting to see if he now does represent himself, or if he utilized the last decade in which the case has been on appeal to accept appointed counsel on remand.

Have a safe day,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

New DWI Roadblock Story in Eagle Tribune

2009-12-07T10:37:00.000-05:00

Yesterday's Eagle Tribune ran a story on DWI roadblocks in the wake of the roadblock last weekend in which a passenger was killed while in police custody. You may recall that the arrest of the man who was killed occurred on the front lawn of the Eagle Tribune's office building. Here is a link to the story:

http://www.eagletribune.com/punews/local_story_340004838.html

Have a safe day,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

New YouTube Video-RCTV Episode 4-Breath Testing in High Schools-Mark Stevens 603-893-0074

2009-12-03T10:58:00.000-05:00

Hello everyone. Here is a new video of an RCTV broadcast that is now on YouTube. It is a Q and A show hosted by Attorney Kendra Cooper. Massachusetts OUI defense attorney Jay Milligan and I are the guests on this show. The topic is the new trend of mandatory breath testing of high school students using hand-held breath gadgets. Here is a link to the video:

http://www.youtube.com/watch?v=a-NQQ53y070

Have a safe day,

Mark Stevens

http://www.ByeByeDWI.com

http://www.ByeByeOUI.com

http://www.ByeByeDUI.com

http://www.nhdwilaws.com

Happy Thanksgiving, and Make Sure Your Tail Lights Are Working Tonight by DWI Defense Lawyer Mark Stevens 603-893-0074

2009-11-25T16:27:00.000-05:00

Happy Thanksgiving everyone!

It is best to make sure tonight and throughout this holiday weekend that you are vigilant about making sure your license, registration and inspection stickers are up to date. You should also make sure that all the lighting is working on your vehicles before you drive tonight. Burned out plate lights are a magnet for the police on a holiday weekend. This is not because they have taken a sudden interest in plate lights; it is because it gives them a reason to stop you and see if you have been drinking.

Your chances of having an unwanted encounter with the police this weekend are high enough already. That is because the government has issued massive money for roadblocks and saturation patrols. Some points that might be helpful to bear in mind if you drive at night over this weekend are:

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. Like all the motor vehicle code, 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 cheesiest 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. The driver may be obeying the speed limit, maintaining appropriate lane control, and otherwise following every rule of the road, but he finds himself in the flashing blue glow of police lighting wondering why he was stopped.

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 email 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 and a Happy Thanksgiving,

Mark Stevens

http://www.ByeByeDWI.com

Appeals Case Reviewed in The Judicial Review Today- Mark Stevens 603-893-0074

2009-11-20T14:28:00.001-05:00

Today's The Judicial View covers the case of United States v. Villar in an article today. Follow this link below to the article:

http://www.judicialview.com/Court-Cases/Criminal-Justice/Jury-Room-Reference-to-Profiling-Cited-in-Appeal/19/7780

Have a great day,

Mark Stevens

LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
603-893-0074

http://www.ByeByeDWI.com

http://www.ByeByeDUI.com

http://www.ByeByeOUI.com

http://www.twitter.com/byebyedwi

Link to Article on CYB3RCRIM3: Juror Emails Defense Attorney

2009-11-16T11:11:00.000-05:00

Below is a link to Professor Susan Brenner's blog regarding the appellate reversal last week in the case of United States v. Villar:

CYB3RCRIM3: Juror Emails Defense Attorney

Have a great day,

Mark Stevens

LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
603-893-0074

http://www.ByeByeDWI.com

http://www.ByeByeDUI.com

http://www.ByeByeOUI.com

http://www.twitter.com/byebyedwi

Federal Appeals Court Reverses and Remands Bank Robbery Case-November 10, 2009- by Mark Stevens 603-893-0074

2009-11-12T14:10:00.000-05:00

On November 10, 2009 the First Circuit Court of Appeals reversed and remanded the federal bank robbery case of United States v. Villar. A link to the Court of Appeals opinion is below:

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=08-1154P.01A

Have a great day,

Mark Stevens

LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
603-893-0074

http://www.ByeByeDWI.com

http://www.ByeByeDUI.com

http://www.ByeByeOUI.com

http://www.twitter.com/byebyedwi