Guilty Upon Cooperation? Blowing Into the Breath Test Hose Can Get You Convicted, Whether You’re Drunk or Sober by Mark Stevens 603-893-0074

Guilty if You Cooperate? Blowing Into the Breath Test Hose Can Get You Convicted, Whether You’re Drunk or Sober by Mark Stevens 603-893-0074

New Hampshire has some heavy-duty consequences if convicted of some DWI laws that prohibit you from driving while intoxicated. No one encourages any one to drive drunk, so a law that prohibits drunk driving makes sense. But that’s only half of the law. The law includes a “per se” provision that prohibits people from driving with a breath or blood alcohol concentration of .08 or higher, or a .02 or higher if the driver is under 21. The .08 and the .02 numbers have absolutely nothing to do with whether the driver is drunk or not; in fact that’s why the numbers were created, to make it easy for the state to prosecute people whether they’re drunk or not. Few drivers under the age of 21 are drunk at a .02 level, not even close. It’s just an arbitrary number with origins in politics, not science.

Upon arrest for DWI, the driver is faced with a difficult decision: whether to blow into an old box, placing his faith, freedom and right to drive in the accuracy of an old box with a rubber hose attached to it. Or,  the driver could refuse and face a potential license suspension. If the driver asks the police officer any questions about this choice, the police are trained to say that they can’t help.  Instead, tell them you want to speak with your lawyer, and call Attorney Mark Stevens 24/7.

Call Mark Stevens, he can help and will know what to do. Call Salem, NH Attorney Mark Stevens 24/7 @ 603.893.0074.

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 DWI Laws by New Hampshire Attorney Mark Stevens.

If you have been arrested in the state of New Hampshire or facing charges for OUI, DWI, DUI, or BWI- Call the Law Offices of Mark Stevens for your free consultation and New Hampshire DWI case evaluation at 1-603-893-0074 today!


If you have been arrested for DWI or aggravated DWI in New Hampshire please feel free to call me today for a free consultation. Attorney Mark Stevens 1-603-893-0074.

Mark Stevens
5 Manor Parkway
Salem, NH 03079
Tel: 603-893-0074 (24/7)

Merry Christmas from Salem, NH DWI Lawyer Mark Stevens 603.893.0074

The holiday season is here, and that brings with it increased police patrols all over the New Hampshire. Your chances of being stopped by the police are greater than ever due to increasing numbers of DWI roadblocks and “DWI saturation patrols”, which involve putting extra patrol cars on the road and making traffic stops for the most minor traffic infractions or equipment violations.

In fact, the New Hampshire State Police were actually given a grant to use by the end of the year that will allow them to super saturate the roadways over the holidays. Be advised you could find yourself in a variety of situations and it is best to know what to do before anything should occur!

More and more stops are made for having a plate light out, or an expired registration sticker. This is not because the police have taken a sudden interest in the robustness of your plate light; they need an excuse to stop you and look for drug or alcohol impairment. By taking a few simple precautionary steps you can reduce the risk of an unwanted encounter with the police this holiday season.

Here’s a Christmas Classic from nhdwilawyer:

 

Your chances of having an unwanted encounter with the police this month are high enough already. If you drive through a roadblock or even drive by a cruiser with an expired inspection sticker or a light out, it is like having a banner on your vehicle that says, “Stop Me”. A little precaution can avoid a lot of trouble.

 

    •Make sure that you are vigilant about keeping your license, registration and inspection stickers up to date. You should check all these today. You should also make sure that all the lighting is working on your vehicles before you drive, especially at night.
    •Burned out plate lights and tail lights are a magnet for blue lights during the holiday season. It is best to turn your car on and have a friend observe your plate lights and brake lights to insure they are working.

 

PREPARATION FOR GETTING STOPPED BY THE POLICE

It is not a bad idea to prepare for your car getting stopped. Don’t put your license in a difficult spot to pull it out quickly when you need to. Want to be super prepared? Practice taking your license out of your wallet in the safety of your home, then consider getting a registration holder if you do not already have one. (If you want one- send me an email with your mailing address and I will send you a registration holder for every one of your vehicles free of charge!) Then practice producing your license and registration fairly often, until it becomes natural. It will make it easier to do if you ever have to produce them under a pressurized roadside situation.
The best way to avoid getting arrested for DWI or any other crime is not to commit it. But many people who get accused of crimes did not commit them. If you practice the above tips you can take some proactive steps to lower your chances of being stopped and hassled by the police.

 

Have a Merry Christmas and Happy New Year!

Attorney Mark Stevens
1-603-893-0074
Visit our website for more information:
http://www.byebyedwi.com

CALL TO ACTION

New Hampshire DWI laws. Have you been arrested for “driving while intoxicated” in New Hampshire? It is important to know what to do before you are under the pressure of an unwanted encounter with the police. Feel free to contact me for a free consultation about your case. My number is 1-603-893-0074 (24/7). I look forward to speaking with you.

 

Law of the Day: Facilitating a Drug or Underage Alcohol House Party

Prom Season is in the air and preparations under way. Many high-school students may be planning the best after parties of their lives, however, before all the after-prom plans are set be sure to take a look below ↓ at the law in New Hampshire on house parties and their potential penalties.  The underage drinking laws in New Hampshire hold some pretty severe penalties and can have harsh consequences.

CHAPTER 644 Breaches of the Peace and Related Offenses
RSA 644:18 (2008)

644:18 Facilitating a Drug or Underage Alcohol House Party.

I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.

III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635:1 and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.

IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.

 

Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens
Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | http://www.byebyedwi.com

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Happy 4-20-14 from Salem, NH DUI and Criminal Defense Attorney Mark Stevens 603.893.0074

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Wishing Everyone a Merry Christmas from The Law Office of Mark Stevens

Wishing everyone a happy holiday and very Merry Christmas from Salem, New Hampshire DUI defense attorney Mark Stevens.  If you are just one of the many people traveling to see family and friends during the holidays, remember the tips in this video to avoid unwanted encounters with the police.

 Tips for Avoiding Unwanted Police Contacts

Watch this video for some precautionary tips to help you avoid unnecessary hassles from the cops over the holidays

If you do come across a less-than cheerful  run-in with the cops this holiday season remember to contact Salem, NH criminal defense attorney Mark Stevens as soon as possible (or roadside) for a free consultation and initial case evaluation (24/7)603.893.0074 or feel free to visit the sites listed below for more information.

We look forward to speaking with you.   Have a safe and joyful Christmas full of cheery bright spirits.

Merry Christmas from everyone at The Law Office of Mark Stevens

 

Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens
Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | http://www.byebyedwi.com

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Honoring our Veterans -from Salem, New Hampshire Criminal Defense Attorney Mark Stevens

FROM THE LAW OFFICES OF ATTORNEY MARK STEVENS,

We offer our deepest thanks to our Veterans  and to all those who have served our country.  

Thank you to all who served from the Law Offices of Mark Stevens

Thank you to all who served from the Law Offices of Mark Stevens

 

Mark Stevens, Criminal Defense Attorney, Law Office of Mark Stevens
Tel: (603) 893-0074 | Fax: (603) 893-5022
info@byebyedwi.com | http://www.byebyedwi.com

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Click links to be directed to ByeByeDWI:
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NH DWI Laws
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Hassled by the Cops in Loudon, NH? Call New Hampshire DWI Defense Lawyer Mark Stevens- He’ll Know What to Do! 603.893.0074 (24/7)

Busted for DWI at the NH Motor Speedway? Call NH Defense Attorney Mark Stevens and Lawyer Up! 1-603-893-0074 24/7  New Hampshire DWI laws and New Hampshire criminal laws in action. Be prepared to assert your Miranda rights and call Attorney Stevens today at 1-603-893-0074. Once the questions about drinking start, you are probably about to get arrested. Free initial consultation and case evaluation. We look forward to speaking with you.

Here are a few tips and precautionary methods to help avoid any unwanted contacts with the cops:

1. Make Sure Your Inspection Stickers and Registrations Are Valid

An important reminder if you are driving this weekend is to make sure that your car has a valid inspection sticker, as well as a valid registration. When you drive into a roadblock, or even drive by the police this weekend without a valid inspection sticker you can count on being stopped and hassled. The police will take any chance they can get to pull you over for any reason! Like all other motor vehicle codes, the police often co-opt this to see if you have been drinking or have drugs in your car. The penalty for a violation of this section of the motor vehicle code is $60, but the real penalty is when the police smell alcohol or suspect that you have been drinking after stopping you for the lack of an inspection sticker. Many drivers who are initially stopped for this minor violation end up charged with DWI, DUI or OUI. AVOID one potential for this by making sure your inspection stickers are up to date.

2. Make Sure Your Plate Lights and Other Lights Work

Everyone driving at night should check their brake lights, plate lights, and other lighting, as well as their inspection stickers and license plates, to avoid some unwanted interaction with police. Avoid giving the police some of these chances to legally stop you by making sure that all your lights are functioning, your registration and inspection stickers are up to date, and your license is valid.

3. Don’t Tell the Cops You Take Prescription Meds

So what happens when the police think you’re intoxicated but they can’t smell alcohol? They will usually ask you if you take any medications. If a cop suspects you of intoxication and asks you if you take medications, you are at high risk to get arrested. If you answer “yes” and describe what you take, even if it’s prescribed to you, it increases your risk of arrest.

There is no better time to exercise your right to remain silent and your right to a lawyer than when a cop asks you if you are taking prescription drugs. Most innocent people believe that if they explain to the police that they are taking medications exactly as their doctor prescribed them they will steer clear of the DWI net the police are trying to catch them in. Wrong. Be careful how you answer any question posed by the police when you are stopped.

Choose your actions wisely!  Be polite; don’t be a jerk, even if the officer is completely off-base for arresting you in the first place.  Don’t cry, bash your head against the cruiser window, tell the cop you want to die, don’t call the cops names or tell him he’s stupid, or anything else of that nature.  Don’t tell him you know important people, that you know a lawyer, or that he is going to be sorry for arresting you.  He’s not.

In this video Salem, NH criminal defense lawyer Mark Stevens explains why you don’t have to talk to the cops. If the police question you regarding involvement in any type of crime, you aren’t required to answer.  Remain silent and remember to call your lawyer before you speak to the cops.  You can focus on your defense by remaining silent.  Watch this video for more:

Call Attorney Mark Stevens if you’ve been accused or charged with DWI, driving after suspension, “reckless driving”, “aggravated DWI”, or any other criminal charges, 24/7 at 1-603-893-0074. The Law Offices of Mark Stevens represent people accused of violating New Hampshire DWI laws and other crimes. Call right now for a free initial consultation and case evaluations at (603)-893-0074 or visit us online at byebyedwi.com for more information!

If you’ve been arrested for DWI, OUI, BWI,  or other criminal or motor vehicle charges, call the Law Offices of Mark Stevens for a free initial consultation and evaluation for your New Hampshire DWI at 1-603-893-0074 or toll-free in NH at 1-800-DWI-LAWS. We look forward to speaking with you.

Have a great weekend and please drive safely,

Attorney Mark Stevens

Law Offices of Mark Stevens
5 Manor Parkway Salem, NH
www.byebyedwi.com
603.893.0074 24/7

Lawyer Mark Stevens | Top Attorney DUI

DWI Checkpoints: Labor Day Weekend by NH DWI Defense Lawyer Mark Stevens 603.893.0074 (24/7 & road-side)

This Labor Day holiday weekend traveling will be busy and could be potentially brutal for unexpected travelers. AAA estimates that about 29 million people are planning to hit the roads this Labor Day Weekend and heading somewhere… and so are the police along with increased patrols and plenty of random DUI Roadblocks and Sobriety Checkpoints. New Hampshire has some of the toughest and most aggressive laws in the country to fight an intoxicated driving charge in and the NH State Police are ready to enforce them this weekend!

 

Possible places a Sobriety Checkpoint could cross YOUR path:
  • Franklin, NH (“The Lakes Region”)
  • Walpole, NH (Cheshire County areas)
  • Lancaster, NH (‘North Country’)
  • Seabrook, NH or Portsmouth, NH (highly likely in Seabrook)
  • Plymouth County, Massachusetts (locations undisclosed but will take place on a “public way”)

Please drive safe no matter how far you travel this holiday weekend. Be alert, prepared, and most of all be ready if the cops pull you over or stop your vehicle in a sobriety checkpoint/dui roadblock.  Remember, when the cops want to talk to you, Be a Zero, Zip it!, then Lawyer up and Shut up! If you are facing a DUI-DWI charge in New Hampshire, it is imperative you talk to a DWI-DUI Defense Lawyer BEFORE you talk to the cops or consent to any field sobriety tests!

Have a Safe and Happy Holiday Weekend,

Salem, NH DWI Defense Lawyer Mark Stevens

Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079

To prevent any hassles from a potential road-side situation save this number in your phone NOW

TEXT or CALL 24/7

Attorney Stevens CELL #  603.785.6458

www.NHCrime.com

Celebrate (4-20) Safely from NH DUI Lawyer Mark Stevens 1-603-893-0261 (24/7)

Happy 4-20!  Please celebrate responsibly. You should not lie to the cops, but you don’t need to tell them incriminating information either.  Politely decline their questions then Lawyer Up & Shut Up!

Here is a video on New Hampshire Marijuana Laws:

 

 RSA 265-A:43:
265-A:43  Possession of Drugs.
 
  Any person who drives on any way a vehicle while knowingly having in his or her possession or in any part of the vehicle a controlled drug or controlled drug analog in violation of the provisions of RSA 318:B shall be guilty of a misdemeanor, and his or her license shall be revoked or his or her right to drive denied for a period of 60 days and at the discretion of the court for a period not to exceed 2 years.
Here is the text of New Hampshire’s DWI law, which defines the elements of the crime of driving while intoxicated (“DWI”) that the state must prove beyond a reasonable doubt at trial.
 
RSA 265-A:2-Driving While Intoxicated
RSA 265-A:2  (2012) 265-A:2  Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration.   
 
I. No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate an OHRV:
(a) While such person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drugs; or   
(b)
 While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21,0.02 or more.
II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug or drugs, or while such person has an alcohol concentration of 0.08 or more orin the case of persons under the age of 21, 0.02 or more. 
 

If you have been accused by the police in New Hampshire of “Driving under the Influence of a Controlled Drug”, “Driving under the Influence of Alcohol and/or a Controlled Drug”,  possession of marijuana, or the transportation of marijuana please feel free to call my office  @ 603.893.0074 (24/7) to schedule a free consultation and initial case evaluation.

Have a Safe Weekend,

Attorney Mark Stevens

5 Manor Pkwy. Salem, NH 03079
tel. 603.893.0261 
www.byebyedwi.com

Why You Should Save Mark Stevens Phone# in Your Contacts NOW

Arrests and indictments for economy-inspired crimes like shoplifting, willful concealment, robbery, burglary, larceny and other theft crimes are rising throughout New Hampshire.

If you have been arrested for shoplifting, willful concealment or any other theft crime in New Hampshire, or if someone wants to “ask you some questions”,”talk to you” or “have you come down to make out a statement”, call 1-603-893-0074 for a free initial consultation and case evaluation.

If a store detective, loss prevention employee or a police officer tries to question you regarding a shoplifting case, it is wise to contact a criminal defense lawyer before answering any questions or signing any statements. The stakes are high when you are faced with a shoplifting or other theft charge. The penalties for shoplifting, including the level of offense, depend on what the store and the cops claim the value of the goods were and what they can prove they were in court.

Here’s a copy of the Laws in New Hampshire about SHOPLIFTING:

New Hampshire Shoplifting Laws
RSA 644:17 (2008)
644:17 Willful Concealment and Shoplifting.
I. A person is guilty of willful concealment if, without authority, he willfully conceals the goods or merchandise of any store while still upon the premises of such store. Goods or merchandise found concealed upon the person shall be prima facie evidence of willful concealment.
II. A person is guilty of shoplifting if, with the purpose of depriving a merchant of goods or merchandise, he knowingly:
(a) Removes goods or merchandise from the premises of a merchant; or
(b) Alters, transfers, or removes any price marking affixed to goods or merchandise; or
(c) Causes the cash register or other sales recording device to reflect less than the merchant’s stated or advertised price for the goods or merchandise; or
(d) Transfers goods or merchandise from the container in which such goods or merchandise were intended to be sold to another container.
III. As used in this section:
(a) “Merchant” means the owner or operator of any place of business where merchandise is displayed, held, or stored, for sale to the public, or any agent or employee of such owner or operator.
(b) “Purpose to deprive” means to have the conscious object to appropriate the goods or merchandise of a merchant without paying the merchant’s stated or advertised price.
IV. Willful concealment shall be a misdemeanor. The penalty for shoplifting shall depend on the value of the property, as provided in RSA 637:11. As used in this section, “value” shall be determined in accordance with RSA 637:2, V.

**REMEMBER**

  • You do not need to give any loss prevention, store, or mall security your identification.
  • Do not let security or loss preventions departments take your photo, they are not the police.
  • Try and make sure you have some bail money on you, be polite, and do not resist the police.
  • Then call me right away, after you’ve been released (24/7) 1.603.893.0074

Call today for a free initial consultation:

Mark Stevens
Law Offices of Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074

 

Have a Safe & Pepper-Spray-Free Holiday Weekend!

The Law Offices of Mark Stevens

 

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