"The Pen Test" by Salem, NH DWI and Criminal Defense Lawyer Mark Stevens 603-893-0074

Pen Tests Go Wrong, Even When Officers Do Them Right

The Pen Test is the first of a series of so-called  "field sobriety tests," and is also called the horizontal gaze nystagmus test; a driver typically endures

this test at the roadside and is also commonly called the "HGN" or

"Gaze" test. This is performed by the officer holding a pen or his

finger about a foot from the driver's face, while waving it slowly

from side to side several times. The officer typically tells the

driver to stand with feet together with arms by your side, and

to follow his pen with eyes only (in other words, don't move your

head). 

The police are trained to call their pen a "stimulus" in order

to make the exercise sound more scientifically reliable than it is.

It is designed to check for a "jerking of the pupils" during the pen

wavings back and forth.   Most drivers assume they've passed "The Pen 

Test" because they complied with the officer's instructions to hold their 

head still.

However, contrary to assumption; any minor jerking of the

pupils can be caused by hundreds of reasons other than alcohol or

drug consumption, and will ultimately cause any driver to fail this

test. One thing to watch out for just before you unintentionally

oblige to "The Pen Test" is a request by the police to "check your

eyes". This sounds pretty innocuous, but it is really just a way to

get you to comply with the "The Pen Test" which you CANNOT be forced

to do. 

YOU CANNOT BE FORCED TO SUBMIT TO THE PEN TEST OR ANY OTHER "FIELD SOBRIETY TESTS" AT THE ROADSIDE!!!!

Call Attorney Mark Stevens to discuss your case and set up a free

consultation and initial case evaluation. Attorney Mark Stevens is

admitted to practice in all Courts in New Hampshire and

Massachusetts. The Law Office of Mark Stevens is located at 5 Manor

Pkwy. Salem, N.H. Attorney Stevens is available 24/7. Call now to set

up your free consultation and discuss your case. 603-893-0074 or visit

us at NHCrime.com to request an appointment. The consultation request

is located at the bottom of the page on www.NHCrime.com.

We look forward to speaking with you,

Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens

Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | www.byebyedwi.com

 

New Hampshire Criminal Defense Laws: Felon in Possession of a Firearm

New Hampshire Criminal Defense Attorney. The New Hampshire Supreme Court reversed a conviction in the case of, "THE STATE OF NEW HAMPSHIRE v. JONATHAN CHAREST," for felon-in-possession of a firearm.  In this important decision the reversal of the conviction found that the "defendant possessed, rather than controlled or owned, a firearm."

RSA 159:3,

I.     A person is guilty of a class B felony if he:

(a)   Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and 

(b)   Has been convicted in either a state or federal court in this or any other state...of:

1.  A felony against the person or property of another

Call to Action!

 

If you or someone you know has been arrested, charged, or convicted with possession of a weapon or firearm such as  dagger, revolver, pistol, metallic ("brass") knuckles, stiletto, pistol cane, or any other 'deadly weapon;' the reversal of this conviction could have a positive affect on your case! Call Attorney Mark Stevens, Salem, New Hampshire DWI and Criminal Defense Lawyer at 1-603-893-0074 (24/7) and schedule your free consultation now or visit us online for more information: www.nhdwilaws.com.

Lawyer Mark Stevens | Lawyer DUI

If Your Plans at Pumpkin Fest' Get Crashed, Be Careful If You Smash and Dash.... If You're Caught, 'BOO' the Cop & Then, Remember to Call Mark Stevens 1-603-893-0074

Pumpkin Festival is an annual tradition in Keene, NH that draws thousands of local residents, students, and non-community members to put their pumpkins on display. In recent years, unhappy residents have tried limiting the activities and annual festivities traditionally held at the Keene Pumpkin Festival.  Authority figures cracking down on all the jack-o'-lantern fun during Hallows Eve seemed wrong and unethical to those who look forward to the yearly carving contests. Keene's well established residents weren't the only ones disappointed by last years rumors of a cancelled pumpkin fest, their 5,500 local college neighbors who makeup the student body at Keene State College were outraged. It seems as though everyone old, young, established or passing through has acquired a kindred taste for Keene's local events and festivities, such as Pumpkin Fest'!

This year, Pumpkin Festival 2012 challenges a whole new slew of food, fun, and events to take part in. Don't forget to log your carved jack-o'-lantern in to be a part of the world record tally. Forget your pumpkin? No worries, there will be plenty of carving stations set up for those who haven't carved one yet. Don't want to carve a pumpkin? Adopt one at the Pumpkin Orphanage, then go log it in. Afterwards hop on the Ferris Wheel,  Pumpkin Fest' 2012's newest addition for an opportunity to get a 45-foot aerial view of the entire festival. Rather participate than observe? Race through the pumpkin-lined car-free streets for the The Great Pumpkin Mile. If you've seen the pumpkin skyscraper illuminating orange for miles around Halloween, then you know the beauty and small town unity Keene Pumpkin Festival represents.


If you get busted at the Keene Pumpkin Festival, call Salem, New Hampshire Criminal Defense Lawyer Mark Stevens (24/7) to find out what your next step should be at : 1-603-893-0074 or visit us online at www.byebyedwi.com for more information. And remember if your plans at  Pumpkin Fest' get crashed, be careful if you smash and dash- if your caught, BOO the cop  Then, call Attorney Mark Stevens @ 603.893.0074 (24/7) and Lawyer Up!