Massachusetts OUI Summit Today December 13. 2012

OUI Laws.  The Massachusetts OUI Summit will be held today, December 13, 2012 in Springfield, Massachsuetts at the Sheraton Hotel. I will be presenting on cross examination of the arresting officer in OUI trials.  Other OUI related topics will include blood testing, Melendez-Diaz issues, and case law updates.  I hope to see you there.  The Sheraton is located at 1 Monarch Place, Springfield, Massachusetts.  This program will run from 9:00 a.m. to 4:30 p.m. 


Call today for a free initial consultation 1-603-893-0261:


DWI & Criminal Defense Attorney Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074 (24/7)

Please have a safe and pepper-spray free day!

byebyedwi.com

New Hampshire Drivers Beware This Memorial Day Weekend : Extra Cops On Duty

“State Police from New Hampshire and Massachusetts advise residents and visitors on increased Memorial Day weekend patrols,” TheExeterPatch.com.

  (Video, ExeterPatch.com) 

New Hampshire DWI Laws.   Beware New Hampshire drivers! Beginning today, May 25th and ending at Midnight on Monday May 28th, the Massachusetts and New Hampshire State Police plan on super-saturating all major state roads and highways.  The state police will spread their reach from NH - MA state borders to MA - ME state lines. They are looking to make DWI arrests and drug possession arrests all over New Hampshire and Massachusetts. The police will be swarming in marked and unmarked vehicles and even using airplanes to slow you down.  This is also traditionally a big weekend for police "DWI roadblocks" in New Hampshire, and crackdowns on texting and driving are expected.  

Extra high visibility patrols will be on I-93 from I-495 in Massachusetts to the Hooksett Toll Booth Plaza in NH and on I-95 in MA up through the ME state border as well. The Department of Transportation is amping up courtesy patrol units on I-93 between Exit 4 and the MA state line with numerous DWI and speeding detail units patrolling the roads all weekend. Extra troopers have been employed especially in Hampton Beach using every extra motorcycle patrol unit available to assist the Hampton Police. In Northeastern Massachusetts, MA State Troopers will be conducting sobriety checkpoints 1 of 3 days this weekend as part of the "Click it or Ticket" Operations initiative, as well as, "multiple saturation patrols," according to Maj. Edward Amodes of the MSP. 

 

Have a Safe Memorial Day Weekend,

New Hampshire DWI Attorney Mark Stevens

 Law Office of Mark Stevens

5 Manor Parkway

Salem, NH 03079

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 other criminal charges. 

 

Call Today! 1-603-893-0074

 

Visit our website for more information:

http://www.byebyedwi.com/

Did You Receive Scary Mail from the New Hampshire State Lab?

If you have received certified mail from the state lab, or mail from the police department that arrested you, read on ...

New Hampshire DWI laws.  Salem, New Hampshire DWI Lawyer Mark Stevens. If you've just received some scary mail from the New Hampshire state lab regarding a blood alcohol test or drug test, don't panic! Call Attorney Mark Stevens today at 1-603-893-0074. All consultations and case evaluations are free. Don't wait to discuss the bad mail you received from the state lab, as you have a limited amount of time to object to it.  Call today! We look forward to speaking with you.

All Consultations are Free.

Call Attorney Mark Stevens at 1.603.893.0074 

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/

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