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

*Cheshire County DWI Sobriety Checkpoints Walpole, NH*

DWI Roadblocks  in Walpole this weekend?

According to the SentinelSource.com within the next two weeks Walpole and NH State Police will team up for a DWI Sobriety Checkpoint in Walpole, NH. There is a very high chance this checkpoint will take place sometime during this weekend. Be alert, prepared, and most of all be ready if you are stopped by the police or stopped in a checkpoint. 

 
When the cops want to talk to you, "Be a Zero!" then call New Hampshire Attorney Mark Stevens at 1-603-893-0074. If you are facing a charge under New Hampshire DWI/DUI laws, it is important to talk to your DWI defense lawyer BEFORE you talk to the cops. 

Call Salem, New Hampshire DWI defense lawyer Mark Stevens at 1-603-893-0074, or email today at info@byebyedwi.com  right now for a free New Hampshire DWI case evaluation.  

 
Here is New Hampshire's DWI law, which defines the elements of the crime of driving while intoxicated that the state must prove beyond a reasonable doubt:

RSA 265-A:2-Driving While Intoxicated RSA 265-A:2  (2012) 265-A:2  Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration.    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; or   (b) While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21,0.02 or more. II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug or drugs, or while such person has an alcohol concentration of 0.08 or more orin the case of persons under the age of 21, 0.02 or more.  

  New Hampshire DWI Laws. If you've been arrested in a DWI roadblock or sobriety checkpoint call Mark Stevens 24/7 to schedule your free consultation and case evaluation today at 1-603-893-0074. The Law Offices of Mark Stevens represent people accused of DWI and other crimes. Call right now for a free initial consultation at 603-893-0074. In New Hampshire call 1-800-DWI-LAWS. We look forward to speaking with you!

  Attorney Stevens is admitted to practice in all state and federal courts in New Hampshire and Massachusetts. He is also admitted to practice in the United States Court of Appeals for the First Circuit and in the United States Supreme Court. He is a member of the National College of DUI Defense, the New Hampshire Association of Criminal Defense Lawyers, the Massachusetts Association of Criminal Defense Lawyers, the Texas Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers.

DWI Defense Lawyer

Call DWI Lawyer Mark Stevens for a FREE Consultation and Initial Case Evaluation (24/7!) at 1.603.893.0074. We look forward to speaking with you. Law Office of Mark Stevens http://www.byebyedwi.com

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Conduct After An Accident: New Hampshire Laws

New Hampshire DWI lawyer.  What happens if the cops suspect you of leaving the scene of an accident in New Hampshire?  If the police question you about leaving the scene of an accident where personal injury or property damage occurs, they will try to question you and get you to admit committing a crime.  The police may try to make you feel guilty or otherwise trick you into confessing to this crime.  You do not have to answer police questions without a lawyer present, particularly when you are a suspect in a crime.  it is usually best to make the police connect the dots to prove their case, rather than you helping them convict yourself.  Here is the New Hampshire law on leaving the scene of an accident, which is called "conduct after an accident under the New Hampshire motor vehicle laws:

RSA 264:25 (2011)

264:25  Conduct After Accident.

  I. The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, driver's license number, the registration number of the vehicle and the name and address of each occupant. If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station. Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph. Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section. All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that chapter. If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report. The driver or the owner shall furnish such additional relevant information as the division shall require. The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.

II. No report required under paragraph I, nor any certificate issued by the director under the authority provided by this paragraph, may be used as evidence in any criminal trial arising out of a reported accident where the reporting party is a defendant except that:

   (a) The director may use such report in connection with the director's duties under RSA 264:3.

   (b) The director may furnish upon demand of any party to a trial, or upon demand of any court or law enforcement agency, a certificate showing that a specified report has or has not been filed with the director, and, if such report has been made, the date, time and location of the accident, the names and addresses of the drivers and owners of the vehicles involved and the investigating officers if known.

III. This section shall not prevent the prosecution of any charges brought under RSA 264:28 or RSA 264:29.

If you have been charged, or are suspected of, conduct after an accident in any New Hampshire court call New Hampshire Attorney Mark Stevens right now at 1-603-893-0074 for a free consultation or visit our main web site at http://www.byebyedwi.com for more information.

Attorney Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074
Licensed to Practice in New Hampshire and Massachusetts

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

Directions to the New Hampshire 9th Circuit Court-District Division-Nashua

Directions to the District Court in Nashua, New Hampshire:

The Nashua District Court is now known as the 9^th Circuit Court-District Division-Nashua

From the north: Take Interstate 93 South. Keep left after tolls outside Concord to the Everett Turnpike. Follow to Exit 5E onto Kinsley Street in Nashua. Follow Kinsley Street past the St. Joseph’s Hospital to Walnut Street. Turn left onto Walnut Street and follow onto the oval.


From the south: Take Rte. 128 north to Rte.3 north. Follow Rte. 3 to the Everett Turnpike and take Exit 5E onto Kinsley Street in Nashua. Follow Kinsley Street past the St. Joseph’s Hospital to Walnut Street. Turn left onto Walnut Street and follow onto the oval.


From the east: Take Rte. 93 north to Exit 3 New Hampshire, and follow to Rte. 111 west through Hudson, NH. Remain on Rte 111 into Nashua, and eventually to the Bridge onto East Hollis Street, then BEAR LEFT. Follow East Hollis Street to Main Street in Nashua to the Walnut Street intersection. BEAR RIGHT on Walnut Street, and follow to the Walnut Street Oval.


From the West: Take Interstate 495 north to Rte. 3 north. Follow to Exit 5 East onto Kinsley Street. Follow Kinsley Street past the St. Joseph’s Hospital to Walnut Street. Turn left onto Walnut Street and follow onto the oval.

If you have a case that resulted from an arrest in Nashua, Hudson or Hollis,  New Hampshire, and you would like to discuss the case with Attorney Stevens call today at 1-603-893-0074 for a free consultation. 

 

Do You Know Someone Whose Been Busted at a House Party?

New Hampshire Minor in Possession of Alcohol Laws

Plug my number 1-603-893-0074 into your phone right now so you have it when you need it most. Here is a new YouTube Video for prom and graduation season.  New Hampshire has tough underage drinking laws. 

Hi everyone, prom season is right around the corner.  For many high school students this is one of the most exciting times of the year!  Lots of preparations, pre-prom and post prom plans, parties, hair appointments and other end of the year activities and social events dominate every one's calendar.  It is important to remember that it is illegal for people under the age of 21 to use or possess alcohol or illegal drugs.  New Hampshire has really tough penalties for underage drinking and drug possession.  Be safe this prom season, don't drink and drive and enjoy this prom season and graduation! And remember, if you do have unwanted encounters with the police call Attorney Mark Stevens 24/7 at 1-603-893-0074. 

Here is New Hampshire's "Unlawful Intoxication and Minor in Possession" Law: RSA 179:10

 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.


 

Call Attorney Mark Stevens today at 1-603-893-0074 for a free consultation to discuss your underage alcohol charges.

Don't Tell The Cops That You Take Prescription Meds

New Hampshire DWI laws . Happy St. Patrick's Day every one. Please celebrate responsibly. There will be cops all over the roads in New Hampshire tonight because of St. Patrick's Day.  Be careful out there. The police are prepared to make a lot of arrests tonight.

Make sure you have your license and registration easily accessible in case you are stopped.  Make sure your lights, including your plate lights and brake lights, are working before you drive Saturday night; the cops will be looking for reasons to to stop your car and snoop around.  Don't give them a reason to stop you! There will be 27 extra patrol units on Rockingham County roads tonight; don't give them a chance to hassle you.

The police have announced that they will be out on St. Patrick's Day trolling for drunk drivers and "drugged drivers". The police sometimes arrest people for drug impairment if they make minor driving errors but the cops can't smell alcohol. The police conduct a bizarre 12 step process on driver to "detect drug impairment". If they're told to find some drug impaired drivers they will probably find some.  Most drivers who are subjected to this test have either already been arrested or are about to be arrested for DWI-drugs.  Choose carefully whether you want to help the police convict you!
It may be unwise for you to answer a cop's questions about medications. If he is asking you about prescription medications he has probably already decided to arrest you; he is getting you to admit to prescription medication use. Remember, once you have provided your license and registration and identified yourself , you do not need to answer questions during a roadside interrogation, including questions about any part of your medical history. You have the right to a lawyer and the right to remain silent when the police try to question you about prescription drug use. You Don't Have to Talk to the Cops! Here is a YouTube video on this subject:

You can plug my number into your contacts right now on your cell phone in case you are hassled:

1-603-893-0074

If you get arrested feel free to call me at any time. I look forward to speaking with you.
Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074

Cops

Happy St. Patrick's Day! New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074

New Hampshire DWI laws . Happy St. Patrick's Day every one.  Please celebrate responsibly.  It sounds as though there will be a higher than usual number of cops on the roads this St. Patrick's Day, so be careful.  The police are clamoring to make a lot of arrests Saturday night as they have targeted this Irish-American day of celebration to clamp down on motorists. The half-million dollar DWI bus is at the Park and Ride in Epping waiting for people to be arrested.

Make sure your lights, including your plate lights and brake lights, are working and that your license and registration are up to date before you drive Saturday night; the cops will be looking for excuses to pull over vehicles on St. Patrick's Day so don't give them a reason to stop you!  There will be 27 extra patrol units on Rockingham County roads Saturday night.  Like in the case of DWI roadblocks, there usually are not enough drunk drivers on the road to keep them all busy, so there will likely be a lot of other arrests, like operating after license suspension, possession of marijuana, and other victimless crimes and violations.  Don't give them a chance to hassle you.

The police have announced that they will be out on St. Patrick's Day trolling for drunk drivers and "drug impaired drivers".  The police sometimes arrest people for drug impairment if they can't smell alcohol or if the driver passes the breath test.  Once a driver passes a breath test, a whole extra gauntlet of aerobics are performed by the police on the driver to "detect drug impairment".  If they're told to find some drug impaired drivers they will probably find some.

It may be unwise for you to answer a cop's questions about medications.  If he is asking you about prescription medications he has probably already decided to arrest you; he is now enlisting YOUR help in convicting yourself through admissions about prescription medication use.  Remember, once you have provided your license and registration and identified yourself , you do not need to answer questions during a roadside interrogation.  You have the right to a lawyer and the right to remain silent when the police try to question you about prescription drug use.  Lawyer Up and Shut Up! Here is a YouTube video on this subject:

You can plug my number into your contacts right now on your cell phone in case you are hassled:  

1-603-893-0074

If you get arrested feel free to call me at any time. I look forward to speaking with you.

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

Important 1st Amendment Decision from SJC: Commonwealth v. Barnes

Massachusetts Criminal Procedure . First Amendment to the United States Constitution.  The Massachusetts Supreme Judicial Court issued an opinion today in case number SJC11035.  The case involved three petitions for relief under Massachusetts General Laws Chapter 211, section 3.  The lead case is Commonwealth v. Barnes.  All of these petitions arose from proceedings in the Quincy District Court and involved the OpenCourt Project, which streamed the District Court proceedings on broadcasts and also posted online archives of District Court proceedings.

The Supreme Judicial Court frst addressed the nature of the First Amendment as it pertains to criminal trials and hearings.  The First Amendment entitles the press and the public to be present at criminal proceedings.  While the Constitution guarantees the right to be present, it does not guarantee the right to bring cameras into the court room or make audio or video recordings.  Courts have the power to allow or not allow cameras in the court room, or to establish rules on the recording of proceedings by the media.  Once a court chooses to allow video recording in the court room though, the First Amendment protects the dissemination of the recording.

Because the First Amendment applies to the recordings, the Court addressed whether the doctrine of "prior restraint" applies to the orders of the District Court which, among other things, ordered the redaction of a minor victim's name from a video and audio recording that was already in the Open Court program's possession.  The three District Court orders at issue involved the publication of of video recordings of three different proceedings:  a probable cause hearing, a dangerousness hearing, and an arraignment.   Two of these involved the publication of videos that contained the names of minor victims of crimes.  A "prior restraint" under First Amendment analysis is an order that "... forbids certain communications when issued in advance of the time that such communications are to occur".  Alexander v. United States, 509 U.S. 544 (1993).

The Supreme Judicial Court ruled that the District Court orders that prohibited the publication of the minors' names were an unconstitutional prior restraint that violated the First Amendment.  The oral arguments of this case can be found at:

http://www.suffolk.edu/sjc/archive/2011/SJC_11035.html

Attorney Mark Stevens

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

What Should You Do at Your New Hampshire Arraignment?

New Hampshire DWI laws . Do you have an arraignment coming up in a New Hampshire District Court? If you do, you will be presented with the question, "how do you plead to this charge?", or "how do you plead to these charges?"  There are three options, two of which can cause harsh penalties to be imposed on you immediately.  The three different pleas are:  not guilty, guilty, or "no lo contendere", which is some times called "no contest" or just " no lo".  Pleading "no lo contendere", "no contest" or "no lo" will result in you being immediately convicted.  You should consult with a New Hampshire lawyer before you plead to a criminal charge or a New Hampshire motor vehicle violation.  Some motor vehicle violations carry harsh penalties, like reckless driving, operating after suspension, or conduct after an accident. 



This video is about New Hampshire arraignments.  Feel free to watch and call me if you have questions or if you would like to discuss your case with me.  I give a free consultation for New Hampshire DWI cases and serious motor vehicle violation charges.  Call today at 1-603-893-0074.  I look forward to speaking with you.

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

New Hampshire Marijuana Defense Lawyer Mark Stevens 1-603-893-0074

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.

Merry Christmas From Mark Stevens

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.

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

When you hear or read about a case in the news that involves a driver charged with DWI or aggravated DWI, you might assume that it is a “drunk driving” case. More DWI charges are being brought by police in New Hampshire than ever before though in cases where the drivers didn’t drink any alcohol at all. These are cases in which the driver is alleged to be under the influence of a controlled drug.

New Hampshire’s DWI law, RSA 265-A:2, and the aggravated DWI law, RSA 265-A:3, prohibit driving under the influence of either alcohol, or driving under the influence of a controlled drug, or a driving under the influence of a combination of alcohol and a controlled drug. This law does not apply only to driving under the influence of illegal drugs; it also applies to driving under the influence of legal prescription drugs. The relevant section of the New Hampshire DWI law reads:

“I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs … “

There is a heightened scrutiny of drivers today by police on the lookout for drivers under the influence of drugs. The federal government has placed great emphasis on “drugged driving” cases and has devoted a lot of money to prosecuting people for this. Federal grant money is flowing to state and local law enforcement agencies for “DWI-drug detection” or “DWI-drugs saturation patrols”.

If a police officer makes any observations that might indicate any possibility of impairment, he may question the driver about whether the driver has taken any medications. This sounds innocent, as most people take medications exactly as prescribed by their doctors and drive quite well. Most law-abiding citizens may be inclined to say, “Yes officer I take medication X”. The driver’s answer to these types of questions though can come back to bite her in court, often in the form of a “DWI-Drug” charge.

Did you know that you can be charged with, and possibly even convicted of, DWI without drinking a drop of alcohol, based solely on your statement that you took prescribed medications? You can. This makes your answer to this simple question that can precipitate a DUI arrest a critical one.

The only way that the police know what medications you might have taken, in most cases, is if you tell them. The other way they can find out about your prescription medications is if you consent to a blood test after a DWI arrest, another decision you should carefully weigh before submitting to it. If the officer asks you questions about drugs, it is probably because he or she suspects that you are impaired by something, yet the officer can’t smell alcohol. If you answer affirmatively, you will likely be asked to step out of your car for field sobriety testing, and you will probably be arrested for DWI-drugs shortly after the series of sidewalk gymnastics the police call “field sobriety tests”.

You should plan how you will respond to this type of question long before you are stopped. Contact a DWI defense lawyer to plan your response before you have to make a decision under the pressure of a roadside interrogation by the police.


Have a safe night.

Mark

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

Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens

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