Is There Anything In Your Car I Should Know About?

This question, "Is there anything in your car I should know about?" is a common question that the police pose to drivers that they stop.  It is a way for them to try to circumvent your Constitutional right to be free from unreasonable searches and seizures without a warrant.  If you volunteer to tell them about any illegal contraband, you're placing yourself in the fast lane to arrest.

First, how do you know what the cop "should know about"? What he should or shouldn't know about is subjective.  You might ask yourself, "what do I want this cop to know about?"  It is unlikely that the answer to the question of what you want the cop to know about is "weed", pills, stolen property or the many other answers some drivers give in response to that question.

Second, it is sometimes a fishing trip by the police just to see if you answer "yes", or what else you might blurt out.  That gives them what they need to interrogate you further.  These questions are posed to drivers in an awkward syntax to make the nervous driver feel even more awkward. You don't have to fall for it.  "Why do I smell ____ (whatever he claims to smell)?"  How should you know why he smells whatever it is he claims to smell?  

Everything you say in these threshold uncomfortable encounters with the cops can come back to bite you in Court if you get charged with possession of marijuana or under New Hampshire's DWI laws.  Protect yourself, your license and your freedom to the extent you can.  You have the right to "Lawyer Up and Shut Up" when the cops start to question you!  

You can choose to talk with the cops but you cant be forced to do so.  Please watch this brief video:

CALL TO ACTION: 

Have you been busted in New Hampshire of Massachusetts for a drug charge or a DWI or OUI? Feel free to call me today at 1-603-893-0074 for a free case consultation.  I am located in Salem, New Hampshire just off I-93.  



This is legal advertising.

Mass State Police Drug Lab Chemist Caught Cheating

Mass. State Drug Lab Chemist Caught Cheating!

Crooked lab employee cheated to be "the smartest employee in the lab"? Could this happen where you live? If you live in Massachusetts the answer is yes.

It's breaking headlines nationally but especially alarming in Massachusetts, where hundreds or thousands of people may have been convicted based on bogus tests conducted and reported by a state drug lab miscreant. This results-oriented chemist was involved and responsible for certifying and testing drug evidence submitted by local police from all over the state of MA used in cases involving trafficking and other drug-related cases. Governor Patrick shut down this lab on August 30th after multiple allegations that one of the lab's chemists responsible for handling and testing the evidence has been tampering with and mishandling evidence since 2003. But don't worry. All the drugs are being reshuffled to a different Massachusetts state lab for testing. Yes, run by the same team of people who make arrests and prosecute the cases. It's got to be fair doesn't it?  

Have you or a loved one been a victim of this lab? Do you beleive that you may have been wrongfully convicted based on the state lab's "win at all costs" practices? Call Mark Stevens, he will know what to do.Call the Law Offices of Mark Stevens to discuss your case. The consultation is free. Call Attorney Stevens 24/7 at 1-603-893-0074 and schedule your initial case evaluation today.

Mass. drug lab probe could have far-reaching consequences

                             For more on this or to read the full story  visit  www.necn.com                 

       

Have a Safe Labor Day Weekend,

Attorney Mark Stevens

5 Manor Parkway Salem, NH 03079

www.ByeByeDWI.com

DWI Arrest in the Hampton NH Roadblock This Weekend?

New Hampshire DWI Lawyer . It is summertime on the New Hampshire seacoast, and that means it's time for the annual trampling of your rights at the New Hampshire DWI roadblcoks on Hampton Beach.  The ugly specter of the mammoth DWI roadblock in Hampton has reared its ugly head again this weekend.  If you got arrested for DWI, perhaps only for having the bad luck to be driving on Route 1 after the police got their roadblock cash from the federal government, call me today for a free consultation.   "Live Free or Die" are not the only two options any more in New Hampshire.  There is this new third way of life in which the police can stop you for no reason at all. Fight every arrest that occurs in a New Hampshire DWI roadblock.  Call New Hampshire DWI Attorney Mark Stevens today for a free consultation at 1-603-893-0074 right now.  And if you drive on Hampton Beach tonight between 9 p.m. and 3 a.m. tommorow morning, you will be stopped and hassled.

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

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/

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.