"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

 

Happy 4-20 from Salem, NH DWI Criminal Defense Lawyer Mark Stevens1-603-893-0074

If the Police think you're buzzed from marijuana, controlled substances, and yes, even over the counter medications (including cough syrup) you can be charged with a DWI in the state of New Hampshire. New Hampshire's DWI penalties and consequences are relentlessly unforgiving. 

These harsh legal penalties can haunt citizens busted for driving under the alleged influence of weed just as long as a drunk driving charge. Don't put yourself (or your reputation) in the hot seat if the cops want to stop and ask you questions,  take Attorney Mark Stevens advice: Lawyer Up and Shut Up. You Don't Have to Talk to the Cops!  

Babysit That Joint or Else Say Mass Prosecutors

Marijuana laws. Here's a crazy one.  In Massachusetts, where marijuana has been decriminalized, bitter prosecutors have charged a law-abiding citizen with "distribution" of drugs because the citizen shared a joint with a friend.  Sparing no expense, they have fought this case on appeal.  The passing of the joint, at least to these prosecutors, equates to criminal distribution of drugs. Here is a link to a story on this case:

http://www.boston.com/metrodesk/2012/11/15/aclu-prosecutors-have-claimed-marijuana-distribution-when-people-are-simply-sharing/grDTJ3kmXsiogsVvy1tpGM/story.html

So I guess the state's objective is to have all citizens light up their own joint, which would not be a crime.  So if you light up that joint or bowl, babysit it and you're not committing a crime, so the prosecutor-logic goes.  But share it with a friend and you are committing an alleged felony and treated like a drug dealer. There are times when you ask yourself, "doesn't the government have anything better to do?" In this latest losing skirmish in the government's "war on drugs", the answer seems to be "no".

Call to Action!


If you or someone you know has been arrested, charged, or convicted of any type of drug conviction, call Attorney Mark Stevens, Salem, New Hampshire DWI and Criminal Defense Lawyer at 1-603-893-0074 (24/7) right now! Schedule your free consultation now or visit us online for more information: byebyedwi.com.

Special thanks for consulting on this story to the S.W.A.G.G.A.-ENT label.  Check them out at www.swaggaent.com These guys out the second "G" in SWAGGA

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/