New Hampshire DWI Laws : The Magic Pen Test

New Hampshire DWI Laws. In New Hampshire, like in most other states, the police conduct three roadside "field sobriety tests" before they arrest a driver for a New Hampshire DWI charge.  The first of these involves the cop waiving a pen in front of a driver's face several times before they arrest her for DWI.  The police call this a "horizontal gaze nystagmus test".  They call their pen a "stimulus" when they describe the ritual in court, because "moving a stimulus" sounds better for them than "waiving a pen". The police are trained to memorize three different ways to describe the way a driver's pupils wiggle when they waive their pen.  In court, after they parrot these three different types of wiggling in each eye, the prosecutor asks them what that all means.  The officers then say that based on their training and experience, all of this eye wiggling is a "sign of impairment".  "Impairment by what?", prosecutors mechanically ask them.  The officers then reply, "impairment by alcohol".  When they are done with this chant and response regarding the wiggling of the driver's eyes and the deeper meaning of the eye wiggling ("guilt"), they move on to the next field sobriety test and the driver's dreadful performance on that one too.

If you allow yourself to be subjected to this crazy ritual by submitting to The Magic Pen Test, you will hear rote testimony like that at your trial.  So the cops dont forget what to say, the prosecutors are allowed to "refresh the cop's memory" at trial, which allows him to read his report where he has canned all of the things he is supposed to say about your eyes wiggling while they followed the magic pen.  If you refuse to follow the magic pen, the Magic Pen stays in the officer's Magic Pen Pocket and you will not hear about your eyes wiggling at trial.

Choose whether to give evidence against yourself carefully.  Do not be fooled by an officer asking to "check to see if you are okay to drive".  He is probably about to arrest you and wants to do the Magic Pen Test to include the alleged results in his police report.  Remember: Lawyer Up and Shut Up!

Call New Hampshire DWI Attorney Mark Stevens today for a Free Consultation about your New Hampshire DWI case! Initial Consultation is Free: 1-603-893-0074. 

10th Circuit Court-District Division-Salem

Have You Received A Suspension Letter from the New Hampshire DMV?

New Hampshire DWI Laws.  Have you received a suspension letter from the New Hampshire Department of Safety? This is also known as "The New Hampshire DMV".  If you have received unwanted mail from the New Hampshire DMV, you need to act fast.  Call Salem, New Hampshire DWI defense lawyer Mark Stevens at 1-603-893-0074 right now for a free consultation to discuss your pending DWI case, habitual offender proceedings, point suspensions or "under 20 suspension" issues.  Here is a video featuring Courtney encouraging you to call Attorney Mark Stevens right now.



Act now if your New Hampshire license is about to get suspended! If you have received a suspension letter or hearing notice from the state of New Hampshire act fast.  Call today for an immediate phone consultation on what you should do next. I look forward to speaking with you. New Hampshire Attorney Mark Stevens 1-603-893-0074 .


CALL TODAY 1-603-893-0074 FOR FREE DWI CASE CONSULTATION

info@byebyedwi.com

http://www.byebyedwi.com/

U.S. Supreme Court Vacates Woman's Life Sentence For Shoplifting

New Hampshire Shoplifting Lawyer.  In March of 2009 Cecilia Cathleen Rodriguez pleaded guilty to stealing two purses from a Dillard's store in Oklahoma.  On her guilty plea an Oklahoma district court judge sentenced her to life in prison.  The judge added an extra 17 years to the life sentence for a probation violation on another, 9 year old, petty theft case.  So the total sentence she got for stealing the two purses was life plus 17 years. 

She appealed her sentence in the state appellate court system, and a sharply divided Oklahoma Court of Criminal Appeals affirmed the extraordinary sentence.  One of the two judges who dissented described her sentence as "shockingly excessive". The other described Ms. Gonzalez as a "drug addict who steals to feed her addiction..."While she is a nuisance and a lawbreaker she is neither a violent criminal nor an imminent danger to society."  The dissenting appeals court judge described her life sentence as " ...a miscarriage of justice."    

On March 21, 2012, the Supreme Court issued its landmark opinion in Missouri v. Frye, (Supreme Court case number 10-444), which held that a defendant in a criminal case is entitled to the effective assistance of counsel during plea negotiation, including plea offers extended by the prosecution.  So if defense counsel's deficient performance led to the rejection of a plea offer, and the defendant can show there would have been a reasonable probability that she would have accepted the plea offer but for counsel's deficient performance, there would lie a sufficient showing of prejudice to vacate the sentence imposed.

In the Oklahoma life sentence plus 17 years for stealing two purses case, the Supreme Court vacated Ms. Rodriguez's life sentence for shoplifting and remanded the case to the Oklahoma courts for re sentencing.

Have you been arrested for shoplifting in New Hampshire?  Call me today for a free case consultation:  New Hampshire shoplifting defense lawyer Mark Stevens 1-603-893-0074.  I look forward to speaking with you.

Mark Stevens
Salem, New Hampshire

Busted for shoplifting in New Hampshire?  Call 1-603-893-0074 for a free shoplifting consultation today!

NH DWI Laws: What to Do When Sitting in the Back of a Police Cruiser

New Hampshire DWI Laws.   Very few police cruisers in New Hampshire are equipped with video recording equipment.  This is not because the video recording equipment costs too much; the state pours lots of money into DWI prosecutions, including expensive DWI roadblocks, "DWI saturation patrols" and even a $500,000.00 DWI bus that the state drives to roadblocks and other state-sponsored publicity events. 

The reason most departments do not video tape DWI suspects is because the videos reveal that the drivers very seldom look or sound as drunk as the cops make them out to be in their police reports.  But if you get arrested for a New Hampshire DWI charge or "aggravated DWI" charge, you should always ASSUME you are being recorded when you are dealing with the police. just in case you are being arrested by a department that has nothing to hide and uses video recording devices. 

Here is a video of a man busted for DWI by the RCMP.  He may or may not know that he is being recorded.  He sings "Bohemian Rhapsody" (rather well) while in the back of a police cruiser.  Silence is golden, though, while you are riding to the police station.  Try not to say (or sing) anything.  Don't make any positive or negative comments about the arresting officer.  Ask to speak to a lawyer at the first opportunity, but you don't need to say this dozens of times.

 

If you have been arrested for DWI, aggravated DWI or any other crime in New Hampshire call Attorney Mark Stevens at 1-603-893-0074 right now for a free consultation.  We look forward to hearing from you!

Attorney Mark Stevens

Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074

Arrested for DWI? Presented by Guest Blogger VA DUI Attorney Ann Thayer of Price Benowitz LLP

Arrested for DWI?

Presented by Guest Blogger VA DUI Attorney Price Benowitz LLP 

Have you been charged with a DUI in the Commonwealth of Virginia? Are you unsure of the legal implications of a Virginia DUI and where to turn for assistance? Ahead, you’ll find information explaining the nature of a DUI charge and how an experienced Virginia DUI attorney can help. 

The stress related to a criminal charge can be enormous, but understanding the law and your rights can assist you in moving forward.  In the future, you can avoid a DUI and the related consequences by refraining from driving after drinking. It’s as simple as that—if you’ve had a drink, don’t drive.   Driving under the influence is an extremely serious charge, and with some of the toughest DUI laws in the nation, Virginia seeks to prosecute these charges aggressively. Cases move quickly and involve a variety of elements ranging from the evidentiary to the constitutional.

In Virginia, a blood alcohol content (BAC) of 0.08 or higher means you are legally considered to be driving under the influence and therefore in violation of the Commonwealth’s criminal code. Whether you are operating a car, motorcycle, moped on a public highway, boat, or other watercraft, the BAC limit of 0.08 is applicable. If you’ve been charged with a DUI, it means that you either met this threshold or had a lower BAC level but were nevertheless found to be impaired while operating a motor vehicle.  If involved in a car accident, law enforcement—with probable cause—may arrest you for a DUI for up to three hours from the time of the accident. Additionally, all Virginia DUIs are automatically reported to the Central Criminal Records Exchange. In other words, a DUI arrest in the Commonwealth of Virginia may mean you now have a criminal record. Such a record could impact your ability to seek employment, rent an apartment, and obtain desired and/or necessary security clearances.

Penalties for a DUI vary in severity and depend on whether it was your first, second, or third offense or beyond. An aggressive legal defense can help mitigate, reduce, or eliminate serious consequences and protect your Virginia driving privileges.  Price Benowitz LLP’s Virginia DUI lawyers have a record of success—aggressively working to defend against DUI charges and protect their client’s interests. The team at Price Benowitz LLP understands the importance of a strong attorney-client relationship and will work with you to achieve an optimal outcome.

This blog post is presented by the Virginia criminal defense attorneys at Price Benowitz LLP. Attorney Ann Thayer manages the Virginia practice with years of experience, focusing solely on criminal defense.

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Thank you to Attorney Thayer for this post! New Hampshire DWI Attorney Mark Stevens