Happy Thanksgiving from Salem, NH DWI Lawyer Mark Stevens (24/7) 603.893.0074

Happy Turkey Day Everyone!  From Salem, NH DWI Defense Attorney Mark Stevens 1.603.893.0074 (24/7)

Just a reminder that all New Hampshire courts are closed on Friday November 28, however, the New Hampshire DMV's  will be open  on Friday 11/28/14,  the day after Thanksgiving.

Wishing everyone and their families a wonderful Thanksgiving Holiday!  Please have a safe holiday. Remember, if you are traveling with loved ones this weekend make sure you  are prepared in advance by following a few simple safe driver tips.

Happy Thanksgiving

    The Law Office of Mark Stevens

Being Prepared for Holiday Travel:

1. Check your tail and brake lights before leaving.

1. Make sure your registration and license are easily accessible.

1.  ****Make sure you have "Mark Stevens" added & saved to your address book in your contacts in case of an emergency***  1.603.893.0074 (24/7)

1. Don't text &drive (general reminder)

1. With lots of holiday travelers on the road, stay alert. (Especially after a big turkey dinner!!)

Arrested for DWI in New Hampshire?  Follow this Call to Action!

Call to Action:

Have you or a loved one been arrested? If you have, you’ve probably just endured the worst day of your life. Your anxiety level is probably the highest it has ever been. It is important right now that you promptly take steps to protect your rights.

The Law Offices of Mark Stevens represents 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.

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.

Massachusetts Supreme Judicial Court Limits Cops' Guess-Timony on Driver's Ability to Operate in OUI Cases

In a decision important to OUI trials in Massachusetts state courts, the Massachusetts Supreme Judicial Court issued an opinion on Thursday that prohibits cops from testifying that a defendant's "ability to safely operate a motor vehicle was diminished by his or her consumption of alcohol".   This had been, until Thursday's ruling, a common end to the arresting cop's direct testimony.  This police officer opinion has routinely been parroted at the end of the officer's testimony in response to a leading question by the prosecutor, usually it went something like this:

PROSECUTOR:  "Based on all your observations with the driver, including (the prosecutor then drones about everything the cop has testified about already), were you able to form an opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol?"

COP: "Yes."

PROSECUTOR:  "And what was that opinion?"

COP: "Based on (cop then regurgitates all the observations the prosecutor just named) I formed the opinion that the driver's ability to safely operate a motor vehicle had been diminished by alcohol consumption".
    
This rote question and answer series was prohibited Thursday by the Supreme Judicial Court in the case of Commonwealth v.  Canty, SJC Case No. 11315 (November 6, 2013).  While a cop, or any other witness, can give an opinion that a driver, or any other person, was drunk or intoxicated, a witness cannot express an opinion as to whether a defendant is guilty or innocent.  Where the ultimate issue in an OUI trial is for the trier of fact to determine whether a driver's ability to operate a motor vehicle has been diminished by alcohol, this opinion by the cop was inappropriate.  

If you have been charged with driving while intoxicated or operating under the influence of alcohol or drugs or both, call Attorney Mark Stevens at 1-603-893-0074 today for a free initial consultation or visit my website at http://www.byebyedwi.com.  

The Law Offices of Mark Stevens

5 Manor Parkway

Salem, NH 03079

1-603-893-0074