3.29.2014

New Hampshire Laws: "Possession of Drugs" When the Cops Find Them in Your Car

New Hampshire Drug Laws . Most people in New Hampshire know that marijuana is still illegal.  It's crazy but true.  If you're stopped by the police, and you've got a stem or some resin in a pipe in your car, you will likely be arrested and charged with the crime of "Possession of Drugs" under New Hampshire's Motor Vehicle Code RSA 265-A:43.  That law reads like this:

TITLE XXI  Motor Vehicles
CHAPTER 265  Rules of the Road - Serious Traffic Offenses
RSA 265-A:43 Possession of Drugs  (2013)

265-A:43  Possession of Drugs.
Any person who drives on any way a vehicle while knowingly having in his possession or in any part of the vehicle a controlled drug or a 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. 

That's a harsh law.  It is also now considered a major motor vehicle offense for the purposes of "habitual offender" certification, which can cause you other licensing problems down the road.



CALL TO ACTION:

Charged with Possession of Drugs, marijuana or any other controlled drug in New Hampshire?  Call me right now before your Bail Hearing or Arraignment (24/7) @ 1.603.893.0074   Feel free to program my number into your cell phone right now in case you need it later.  If you are unsure how to plead at your arraignment don't plead guilty until you have had a chance to speak with me.  

This is legal advertising.  It does not create an attorney-client relationship.  It is not a guarantee of a particular result in any particular case.

1.22.2014

Reckless Driving Laws in New Hampshire

New Hampshire Reckless Driving Penalties are specific and have minimum and maximum consequences for you if you're convicted of it.   A first offense reckless driving conviction in New Hampshire is a violation level offense; it is not a criminal charge or conviction.  The minimum penalty for a first offense reckless driving charge in New Hampshire is a 60 day revocation of your right to drive and a minimum $500.00 fine plus a $120.00 penalty assessment.  You get 6 points on your driving record in New Hampshire and a major motor vehicle violation for the purposes of "habitual offender" calculation.  It is best to have an experienced New Hampshire attorney who knows how to read and explain the impact that a conviction for reckless driving would have on you.

Call Salem, New Hampshire Attorney Mark Stevens if you would like to discuss your reckless driving citation at 1-603-893-0074 today for a free consultation and initial case evaluation, or visit us at ByeByeDWI.com. Fight for your freedom and your license! Call Mark Stevens today, he'll know what to do! 




Below is a copy of New Hampshire's "Reckless Driving Law":

TITLE XXI  Motor Vehicles
CHAPTER 265  Rules of the Road - Serious Traffic Offenses
RSA 265:79  (2012)

265:79  Reckless Driving; Minimum Penalty.

 Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c)*, or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 for the first offense and $750 for the second offense nor more than $1,000 and his or her license shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.

* RSA 626:2 II (c) General Requirements of Culpability: "Recklessly" is denied as follows:
"Recklessly".  A person acts recklessly with respect to a material element of an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the materialelement exists or will rsult from his conduct.  The risk must be of such a nature and degree thatm considering the the circumstances known to him, its disregard constitutes a gross deviation from the conduxct that a law-abiding person would observe in such a situation.  A person who creates such a risk but is unaware therof solely by reason of having voluntarily engaged in intoxication or hypnosis also acts recklessly with regard thereto.

CALL TO ACTION:

Charged with Reckless Driving, Negligent Driving or DWI in New Hampshire?  Call me right now before your Bail Hearing or Arraignment (24/7) @ 1.603.893.0074   Feel free to program my number into your cell phone right now in case you need it later.  If you are unsure how to plead at your arraignment don't plead guilty until you have had a chance to speak with me




This is legal advertising.  It does not create an attorney-client relationship.  It is not a guarantee of a particular result in any particular case.

12.31.2013

Happy New Years Eve and Cheers to a New Year in 2014- from DUI Lawyer Mark Stevens 603-893-0074 (24/7)


Salem, New Hampshire DWI Lawyer Mark Stevens would like to wish everyone a safe and celebratory New Year holiday! Many laws and changes will be coming into effect over the new year so make sure you take the proper precautions tonight to avoid unwanted police encounters if you are out and about celebrating 2014. 

If you are stopped by the police and they suspect you have been drinking any amount of alcohol, even beer, whether you really are drunk or not, they will ask you to do 3 or more "tests", then they will arrest you and charge you with DWI, DUI or OUI, all of which have the same horrible consequences for you. Remember, you do not have to submit to these tests! Check out the tips in this YouTube video on how to play it safe and "Be a Zero!"



If you happen to have an unwanted encounter with the police- call Attorney Mark Stevens right away (24/7).  1.603.893.0074    The consultation and initial case evaluation are always free. We look forward to speaking with you and wish everyone a safe and memorable New Years!



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!


http://www.byebyedwi.com


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

12.24.2013

Convicted of Murder Under Age 18 in Massachusetts?? Important Case Could Affect You! Call Attorney Mark Stevens today 603.893.0261 (24/7)


The Massachusetts Supreme Judicial Court issued an important decision that effects the rights of people accused or convicted of first degree murder, where the murder occurred before the defendant was 18 years old.  In Diatchenko v. District Attorney, SJC Case Number 11453, issued December 24, 2013, the Court addressed the effect of the United States Supreme Court decision in Miller v. Alabama, 132 S. Ct. 2455 (2012), which held that the imposition of a sentence of life without possibility of parole on a defendant under age 18 at the time they committed the murder violated the Eighth Amendment's cruel and unusual punishment clause.

Thirty years ago, Diatchenko had been tried and convicted for a stabbing murder in Kenmore square when he was seventeen.  His conviction was affirmed in Commonwealth v. Diatchenko, 387 Mass. 718, 719 (1982). Today the Massachusetts SJC ruled that Miller applies retroactively, and that the imposition of a sentence of life without parole on a defendant under the age of 18 violates Article 26 of the Massachusetts Declaration of Rights.

So, if you have been convicted and sentenced to life without parole in Massachusetts, and you were under 18 on the date of the actual offense, you may be entitled to immediate relief.  Please feel free to contact me for a free case evaluation.

Attorney Mark Stevens

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




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    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

    12.05.2013

    COOL Deals, HOT Mess: Salem, New Hampshire Post-Black Friday Aftermath

    Salem, NH Criminal Defense Attorney Mark Stevens. Salem, New Hampshire totaled a record breaking 29 arrests this Black Friday, but not for just shoplifting this 2013 shopping season. Every year, all over the country, people go mad on this infamous 'holiday' it's like a wrecking ball coming through every mall and department store nationwide as employees and store clerks try to keep their merchandise in check.  As if that's not enough with a stomach full of turkey and mashed potatoes, many individuals were arrested for assault, disorderly conduct, trespassing, resisting arrest- as well as shoplifting.  But does it really matter who stampedes their way to the front of the line if you've just been arrested for shoplifting in New Hampshire?

    The shoplifting laws in New Hampshire are tough. If you are accused of any type of theft or shoplifting offense it is extremely important you do not say anything, or let them bully you into saying anything. It is imperative you contact a good defense attorney to help you fight your case.
     


    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.




    CALL TO ACTION: 

    **REMEMBER**
    Call Attorney Mark Stevens right away if you've been accused of shoplifting, willful concealment, robbery, burglary, larceny or any other theft crime.

     (24/7) 1.603.893.0074

     NHCrime.com



    11.19.2013

    Thanks and Shoutout to the Heroic Merry Men of #FreeKeene & #KeeneCopblock.org from Salem, NH Lawyer Mark Stevens

    To Robin Hood & the The Merry Men of Keene,

    http://keenecopblock.org/robinhood/

    Typically, I don't worry much about my meter expiring- if I'm in court there's not much I can do about it. But this week I was saved from a parking meter violation by a group of volunteers in Keene, New Hampshire : Robin Hood and the Merry Men of Keene .  Instead of the familiar Keene parking violation under my wiper blade, to my surprise a merry message awaited me from the Merry Men of Keene; Robin Hood and his crew of Merry Men had saved from the king's parking meter tariff by putting quarters in my meter. The Keene Cop-blockers who rescued me from a meter violation from the hands of the parking meter police are awesome! Thanks for keeping the meters full and saving me from Keene's parking enforcers! I have "paid it forward".  Please keep up the great work Robin Hood and all of the Merry Men!  For more info on these good hearted folks visit ShireSociety.com or KeeneCopBlock.org


     Thank you for "Robin Hooding" my car and saving me from the king's tariff! You folks ROCK!!!





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


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    10.31.2013

    Congratulations to the Red Sox! Did You Get Arrested After the Game? Two Main Factors in Lowering Your Bail

    Congratulations to the World Champion Boston Red Sox! It was an exciting night for many Boston fans. For some, unfortunately, it was memorable also because they were charged with "disorderly conduct" or "rioting" in Durham at UNH after the game, where it was reported that thousands of revelers stormed downtown Durham right after the last out. Those charged may have immediate bail issues. When it comes to putting a price on freedom,   a reasonable bail is critical in the early stages of court proceedings in order for you to remain free pending trial. However,  if you, or someone you know has an arraignment in court coming up  contacting a lawyer to help you make the right decisions is imperative. The first chance at an opportunity to receive a reduction in bail is at the Arraignment! Don't handle matters like these on your own, contact a lawyer.  Call Attorney Mark Stevens if you would like to discuss a possible reduction in bail at 1-603-893-0074 today for a free consultation and initial case evaluation, or visit us at www.byebyedwi.com. Call Attorney Mark Stevens today; he'll know what to do!  

    There are two main  determining factors used in deciding whether or not an indiviudal will be granted a reduction in their bail. 


    1. FLIGHT RISK= A person who is likely to flee the state, area, or even country in order to avoid prosecution and conviction.

    • In court the flight risk factor is used when they decide whether or not to grant bond to an individual. This factor is considered while deciding the bond amount. Courts can decide based on their discretion to set highger bail if the defendant has a high risk of flight.   a person who is likely to flee the country/state/area to avoid criminal prosecution.


    2. LEVEL OF THREAT INDIVIDUAL PRESENTS TO THE SAFETY OF THE COMMUNITY= A persons level of danger, violence,  terrorism, and safety to and for the community, surroundings, etc. For example in New Hampshire individuals charged with 1st Degree Murder are held until pre-trial and under any circumstances are never released on bail due to their threat level and the safety of their community.
    The Court hears arguments from both defense counsel and the prosecution regarding these two bail factors when deciding what bail will be necessary to secure the accused person's appearance at Court and also for general safety of the community.

    8.30.2013

    Kate Delaney on America Tonight with Salem, NH DWI Attorney Mark Stevens

    Salem, New Hampshire DUI & Criminal Defense Attorney Mark Stevens makes his monthly guest appearance on America Tonight with Kate Delaney 


     Check out what Kate and Mark bring to the table for discussion this month- including current legal and political issues, viewpoints and lots of opinions on some of the latest breaking cases and news.  

    Tune in LIVE with Kate Delaney on America Tonight-or download Attorney Stevens' Podcast episodes (always free!) in the iTunes store or listen right here- and don't forget to listen to Mark Stevens every Friday LIVE from Nashua, NH on WSMN am1590 (10:00am-11:00am every Friday) Nashua's News and Talk Radio.


    Download here or  Download on iTunes
      


    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 “aggravated DWI” charges. 

    Visit our main website for more information about New Hampshire laws and DWI defense: http://www.byebyedwi.com

    6.29.2013

    What is a Bail Hearing? By New Hampshire DWI Attorney Mark Stevens 1.603.893.0074

    When you are accused of a crime, bail is set.  Bail amounts and conditions are set for two primary reasons: one is to make sure you show up at court and the other is to make sure you're not a danger to yourself or any one else.  If you or someone you know has an arraignment in court coming up  contacting a NH criminal defense lawyer to help you make the right decisions is imperative. The first chance at an opportunity to receive a reduction in bail is at the arraignment, the next is at a bail hearing! It is inadvisable to try to  handle matters like these on your own, contact an experienced criminal defense lawyer who practices regularly in the court you're headed to.  Call Attorney Mark Stevens if you would like to discuss a possible reduction in bail at 1-603-893-0074 today for a free consultation and initial case evaluation, or visit us at ByeByeDWI.com or NHCrime.com. Fight for your freedom! Call Mark Stevens Today, He'll know what to do! 





     Two Key Factors in Determining Bail Reduction:

    1. FLIGHT RISK 
    •  Whether the accused is a person who is likely to flee the jurisdiction in order to avoid prosecution and conviction. 

    • In court the flight risk factor is used when they decide whether or not to grant bail or surety bond to an individual, and it is an important factor is setting the bond amount. Courts can decide to set higher bail if the defendant has a high risk of flight.

    2. LEVEL OF THREAT INDIVIDUAL PRESENTS TO THE SAFETY OF THE COMMUNITY
    • A person's level of danger, violence, and general risk to the safety of the community is the second factor considered. in New Hampshire individuals charged with 1st Degree Murder are held until trial and are never released on bail. First Offense DWI charges, on the other hand, usually call for personal recognizance bail. 


    CALL TO ACTION:

    Don't be a victim of this process because you are scared!  Call me right now before your Bail Hearing or Arraignment (24/7) @ 1.603.893.0074   Feel free to program my number into your cell phone right now in case you need it later.  If you are unsure how to plead at your arraignment don't plead guilty until you have had a chance to speak with me




    This is legal advertising.  It does not create an attorney-client relationship.  It is not a guarantee of a particular result in any particular case.

    6.26.2013

    Arraignment : What Happens?

    Aaron Hernandez . An arraignment is when charges are formally read to the accused in open court.  This usually happens immediately, or soon, after an arrest is made.  the New England Patriots' recently released tight end Aaron Hernandez' arraignment is scheduled for this afternoon in Massachusetts after police complete his booking. 

    In New Hampshire, arraignments in the District Courts are handled differently.  For most alleged crimes, the arraignments are often held a month or more after the arrest is made.  In January of 2013, a new DWI arraignment law went into effect that requires that arraignments on New Hampshire DWI charges must be held within fourteen business days after the arrest is made.  There is no remedy if the DWI arraignment is not held within 14 day, rendering the time requirement relatively meaningless except for some docket congestion in the District Courts.  The New Hampshire DWI arraignment schedule is as follows:

    RSA 265-A:3-a.  Arraignment.

    "To the extent practicable, a law enforcement officer charging an individual with violating RSA 265-A:2 0r RSA 265-A:3 shall schedule an arraignment to take place no later than 14 business days after the date of the violation.

    Effective January 1, 2013.

    So, if a person is arrested for DWI her arraignment will likely be within a few weeks of her arrest.  At the arraignment, the accused can enter a plea of either not guilty or guilt to the accusation.  One should consult with an experienced New Hampshire DWI attorney who has won a significant number of DWI trials before making that decision. For a brief explanation of New Hampshire arraignments please review this YouTube video:


    Please contact Attorney Mark Stevens at 1-603-893-0074 TODAY if you have been charged with DWI or aggravated DWI.  Schedule your free consultation right now!

    Attorney Mark Stevens
    Law Offices of Mark Stevens
    5 Manor Parkway
    Salem, NH 03079
    1-603-893-0074 




    6.04.2013

    NH DWI Laws: One More Reason to Fight Your New Hampshire DWI Charge-IID / "Ignition Interlock Devices"

    Ignition Interlock Devices.  The numerous changes to New Hampshire's DWI laws that took effect on January 1, 2013 provide more incentive than ever to fight every New Hampshire DWI charge.  Today's DWI topic is the new law on "Ignition Interlock Devices", found in RSA 265-A:36-a "Department of Safety Authority to Order Ignition Interlock Device Installation of Enhanced Technology Ignition Interlock Device."  This law was passed with an effective date of January 1, 2013.

    As you may know, the Circuit Courts and Superior Courts in New Hampshire are required under certain circumstances defined in RSA 265-A:36, "Alcohol Ignition Ignition Interlock Program Established", to order ignition interlock devices after certain types of DWI convictions and convictions for operating after DWI revocations.  The Courts also have discretion to order the interlock devices under other types of DWI cases and under other circumstances. 

    The new law now permits the Department of Safety to order an alcohol ignition interlock device prior to the reinstatement of any driver after any DWI or vehicular assault conviction, whether the court sentence ordered one or not.  There are no criteria in the statute as to who gets an ignition interlock or who doesn't.  The law permits the Department of Safety to order interlocks without any rules or procedures in place to determine who is forced to pay for an ignition interlock device and who isn't.  The Department of Safety can order an interlock, at least according to this law, for no better reason than they don't think the court sentenced you harshly enough!

    Don't buy a ticket to this administrative-punitive cirque du soleil !  If you receive a hearing notice after your conviction to review your record and determine whether you will be fettered by a cumbersome alcohol ignition interlock device for the next year or two, contact me right away.  Fight it.  And if you are considering a plea deal that involves a charge reduction, you should be familiar with the spectre of this new law.  Call me today at 1-603-893-0074 for a free consultation.  Know your rights! 

    Call now 1-603-893-0074 I look forward to speaking with you.

    Mark Stevens
    DWI Defense
    Law Offices of Mark Stevens
    5 Manor Parkway
    Salem, NH 03079
    info@byebyedwi.com

    5.24.2013

    Happy Memorial Day Weekend from Attorney Mark Stevens Salem, NH DWI Lawyer 1-603-893-0074

    http://www.nhcrime.com  Happy Memorial Day Everyone! Please have a safe and police-free Memorial Day Weekend. As always, holiday weekends are a prime time for the cops to amp-up their police presence on the roadways.  Take the extra 5 minutes and make sure you are aware of the precautionary steps you can take to avoid unwanted police hassles while traveling this weekend, or spending time with family and friends.  Before hitting the highway, double check your plate and brake lights, locate and create easy access to your license and registration- keep your inspection stickers up to date (and license plates).   Equipment violations are a great way to find yourself in the flashing blues of a police car despite your "good driver discount status."



    Avoid giving the police a chance to legally stop you by making sure that your lights are functioning and any equipment issues have been addressed before heading out.   


    As always have a safe and hassle-free weekend!


    Attorney Mark Stevens


    Law Offices of Mark Stevens
    5 Manor Pkwy. Salem, NH 03079
    tel. 603.893.0074
    fax 603.893.5022

    http://www.byebyedwi.com

    5.14.2013

    Feds to Push .05 BAC Limit in DWI-DUI Cases

    New Hampshire DWI Laws.  The National Transportation Safety Board ("NTSB") issued a fiat today announcing that they will "recommend" to all 50 state that they reduce the "legal limit", legally known as the "per se limit", in DWI prosecutions.  A recommendation from these folks means it will morph into an order an a way of life.  The next step will be for the Department of Transportation to endorse it.  Then legislatures will applaud and ratify it.  Then cops will start to arrest more people who aren't any where close to be being intoxicated.

    So why did they do it?  A "study" accompanied today's recommendation/decree.  As usual, a close look at the numbers should furrow your brow.  The study is attached here as a pdf file:

     http://www.ntsb.gov/doclib/reports/2013/SR1301.pdf

    The number of fatal accidents and alcohol related fatalities have dropped sharply in the period the group studied (1982 to the present).  The study attributes this entirely to public and private awareness and legislative actions to punish drunk drivers (p. vi).  The study does not consider, for example, the invention and implementation of air bags, shoulder harness seat belts, the development of better brakes, better tires, shatter resistant windshields else or anything else over the past 30 years, except the government's efforts to combat accidents or fatalities.

    In any event, the numbers have decreased dramatically.  The NTSB study claims that one third of fatal accidents involve drunk drivers, and this is the primary focus for their edict to lower the BAC in DWI cases from .08 to .05.  So how do they know that a third of fatal accidents involve drunk drivers?  You might think that they have blood alcohol tests to support their numbers.  You'd be wrong.

    There were 32, 467 highway fatalities in 2011 according to the National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System ("FARS").  FARS "estimates" that 9,878 of these were alcohol impaired driving fatalities, or 31% of all fatalities, which this study rounds up neatly to "one third".  However, as this study concedes, 39 per cent of all drivers in these accidents were not tested for BAC at all and the BAC value was missing from another 10 per cent of the accidents.  So on this 31%/one third government guess, there were no BAC data available to the researches for 49% of the drivers (p. 2, FN 2, 3).

    In the paper's abstract, there is a world map that shows Europe and parts of South America having per se BAC limits of .05.  Do you care what rights drivers in Paris or Denmark have?  Should we copy Europe's laws?  The Constitution was written so that we wouldn't have to.  In any event, here it comes.

    The .05 DWI limit is lurking around the corner.  A .05 BAC isn't close to drunk for most people.  As always, decide carefully whether to submit to breath or blood testing if you are arrested in New Hampshire or Massachusetts.

    Have a safe night.

    Call for free case consultations 24/7 : Attorney Mark Stevens 1-603-893-0074

    http://www.byebyedwi.com

     

    4.19.2013

    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!  





    3 Times you shouldn't say "YES" to the cops:

    1. Is there anything in the car I should know about? 
    • (not good to say “yes” if the answer is “weed”)
    1. Have you been smoking weed? 
    • (“yes” being an obvious bad answer)
    1. Do you feel buzzed? 
    • (“buzzed” = “guilty” at a DWI trial)

    If the cops suspect you of driving after you smoked marijuana, you will probably get arrested for DUI.  Don't wait call Mark Stevens (24/7)&@ 603.893.0074. & The consultation is free.

    Have a Happy and Safe Four-Twenty (4-20),


    Mark Stevens


    5 Manor Pkwy. Salem, NH 03079
    tel. 603.893.0074
    NHCrime.com

    CALL TO ACTION:&Have you been busted or otherwise hassled about a "possession of controlled drug" charge or a DWI/DUI based on a suspicion of drug impairment? Call me today at 1-603-893-0074 for a free case consultation.

    p

    4.17.2013

    New Hampshire DWI and Drug Laws


    New Hampshire's law on Possession of Drugs in a Motor Vehicle is different than the "possession of controlled drug" under the criminal code.  The biggest differences are the potential impacts on your right to drive.  If you get convicted of possession of drugs in a motor vehicle, the New Hampshire DMV will add 6 points onto your driving record, you will have the same red letters on your driving license as those convicted of DWI or Aggravated DWI, the conviction will count as a major offense under New Hampshire's "Habitual Offender" law, and you will lose your right to drive from 60 days up to 2 years!  This is sometimes a pile-on charge that accompanies a DWI charge, if the police find any trace of drugs in your car or truck when they inventory the vehicle prior to towing it.  Your next steps are important.

    Here is the New Hampshire law, found at 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.

    A conviction on this type of charge in New Hampshire court leads to a criminal record, a fine and a loss of your right to drive in New Hampshire for 60 days up to two years. If you are facing these types of serious consequences, please feel free to call me today for a free consultation at 1-603-893-0074. I look forward to speaking with you.

    Have a safe night.

    Attorney Mark Stevens
    http:byebyedwi.com


    Call Today! 1-603-893-0074
    New Hampshire DWI Attorney Mark Stevens

    Special thanks for help with this article to District of Columbia criminal defense attorney David Benowitz pricebenowitz.com

    3.16.2013

    Happy St. Patrick's Day Salem, NH DWI Lawyer Mark Stevens 1.603.893.0074

    Happy St. Patrick's Day from Salem, New Hampshire DWI & Criminal Defense Lawyer Mark Stevens!


    New Hampshire DWI Laws. 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 anywhere with a green mouth; the cops will be looking for excuses to pull over vehicles on St. Patrick’s Day Eve so don’t give them a reason to stop you!    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 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 and now  more than ever due to new laws passed as of January 1, 2013 regarding Drug Impairment, you can now be arrested for driving under the influence of cough syrup or aspirin! Don't get caught in this trap- Remember You Don't Have to Talk to the Cops. Lawyer Up & Shut Up- Then Call Mark Stevens! 603.893.0261 (24/7)


    You can plug my number into your contacts right now on your cell phone for when you are hassled:  

        1-603-893-0074  (24/7)    or       1-603-893.0261 (24/7)    
      

    If you get arrested feel free to call me at anytime. I look forward to speaking with you.

    DWI and Criminal Defense  Attorney Mark Stevens
    The Law Office of Mark Stevens                                                          5 Manor Parkway Salem, NH 03079                                           tel. 603-893-0074 (24/7)
    info@byebyedwi.com
     
    For more information on Attorney Mark Stevens, testimonials, won case examples, or changes in laws-  please visit www.nhcrime.com or www.byebyedwi.com
     
     

    3.15.2013

    Lawyer up! Salem, NH DWI Attorney Mark Stevens Hosts LIVE Today@10AM-11AM on WSMN AM 1590


    New Hampshire DWI Laws. Join host Attorney Mark Stevens, New Hampshire Criminal Defense & DWI Lawyer LIVE TODAY @ 10AM-11AM on WSMN AM 1590 Nashua's News and Talk Radio.   Streaming to you LIVE Friday March 15, 2013 via WSMN 1590 AM, also home of the Friends of Kevin Radio Show hosted by Kevin Willett Mondays and Wednesdays 11-1pm. Attorney Stevens discusses DWI Driving Tips,St. Patrick's Day, and how to avoid getting hassled by the police- especially during holiday weekends.  

    Take this opportunity to call in your questions between 10AM-11AM [Studio Phone: 603-816-0019] Friday Morning between 10AM-11AM and ask Attorney Stevens LIVE.  No matter how outrageous the question- Attorney Stevens is ready to give you advice on what to do when hassled by the cops, and when to Lawyer up! 

    WSMN AM 1590 STUDIO LINE :  603.816.0019

    Watch this video on what to do when questioned by the police: Zip It!


    Mark Stevens explains why You Don't Have to Talk to the Cops in this video:

    To see more videos check out Attorney Stevens YouTube Channel


    Attorney Stevens is located in Salem, New Hampshire and admitted to represent clients in all New Hampshire and Massachusetts courts. For more information, view case examples, changes in NH Laws and updates visit The Law Offices of Mark Stevens at nhcrime.com or byebyedwi.com.

    If you've been arrested for DUI, Aggravated DUI, Minor in Possession, Shoplifting, or any other criminal related charges call to schedule your Free Consultation (24/7) @ 603.893.0074We look forward to speaking with you.


    DWI & Criminal Defense Attorney Mark Stevens
    5 Manor Pkwy. Salem, NH 03079
    tel. 603.893.0074/ 603.893.0261
    info@byebyedwi.com

    2.27.2013

    Radio Interview Today with Kevin Willett WSMN Nashua AM 1590

    New Hampshire DWI laws. I am happy to be a guest on Friends of Kevin Radio today, February 27, 2013 at 11:00 a.m.  Kevin's show is on AM 1590 broadcast on WSMN radio in Nashua.  We will be discussing the crazy new New Hampshire DWI laws that went into effect on January 1, 2013.  We will discuss how these new laws can effect you, how you could be arrested for driving under the influence of aspirin or cough syrup, and why it's more important than ever not to talk to the police, either before or after your New Hampshire DWI arrest.

    If you've been busted for DWI or Aggravated DWI in New Hampshire, call New Hampshire DWI Attorney Mark Stevens right now at 1-603-893-0074 for a free initial case consultation. If the cops want to talk with you, remember: Lawyer Up and Shut Up!  Watch this:




    For more information on Salem, NH DWI &Criminal Defense Attorney Mark Stevens visit us at byebyedwi.com or nhcrime.com. Check out current case examples, NH Laws & changes, penalties, videos, and more. If you or someone close to you has been charged with DWI it's imperative that you know your rights- then, Lawyer Up! Call the Law Offices of Mark Stevens (24/7) at 1.603.893.0074 to schedule your free consultation and initial case evaluation. We look forward to speaking with you.



    NH Criminal Defense & DWI Attorney Mark Stevens
    Law Office of Mark Stevens
    5 Manor Pkwy. Salem, NH 03079
    tel. 603.893.0074 or 603.893.0261
    email: info@byebyedwi.com







    2.21.2013

    New Hampshire DWI Laws: New DWI Arraignment Law RSA 265-A:3-a

    New Hampshire DWI laws.  Effective January 1, 2013, a new "New Hampshire DWI Arraignment Law" went into effect in New Hampshire.  This new law requires that drivers accused of DWI in New Hampshire be arraigned within 14 days.  As usual, the offense of DWI has been targeted and singled out, with a new law with an unclear goal.  There is no stated purpose for it, and no remedy if it doesn't happen.  Here is the law:

    RSA 265-A:3-a.  Arraignment.

    To the extent practicable, a law enforcement officer charging a person with violating RSA 265-A:2 or RSA 265-A:3 shall schedule an arraignment on such charge to take place no later than 14 business days after the date of the violation.


    Effective January 1, 2013.

    If you have been arrested for DWI or Aggravated DWI in New Hampshire, call New Hampshire DWI Lawyer Attorney Mark Stevens right now at 1-603-893-0074 for a free initial case consultation. 

    Below you will find a video in which Attorney Stevens explains arraignments.

    For more information on Salem, NH DWI &Criminal Defense Attorney Mark Stevens visit us at byebyedwi.com or nhcrime.com.  Check out current case examples, NH Laws & changes, penalties, videos, and more.  If you or someone close to you has been charged with DWI it's imperative that you know your rights- then,  Lawyer Up! Call the Law Offices of Mark Stevens (24/7) at 1.603.893.0074 to schedule your free consultation and initial case evaluation. We look forward to speaking with you.


    NH Criminal Defense and DWI Attorney Mark Stevens

      
    Law Office of Mark Stevens
    5 Manor Pkwy. Salem, NH 03079
    tel. 603.893.0074 or 603.893.0261
    email: info@byebyedwi.com
     DWI Defense Lawyer                                 DWI Defense Lawyer


    2.02.2013

    Prepare to Be Hassled This Sunday Night By the Cops

    New Hampshire DWI attorney . It's Super Bowl Weekend!  If you are driving after the Super Bowl, the police will be watching you closely, looking for any reason to stop and hassle you to see if you are DWI or if you have a little weed in your car. In New Hampshire, the police patrol the roads and highways aggressively after the Super Bowl; if you have a light out, an inspection sticker expired or you license is suspended, the cops are likely to stop you and hassle you and your passengers.

    Also, remember the absurd changes that were made in January 2013 to New Hampshire's DWI laws.  Unhappy with the amount of drivers already arrested for drunk driving and driving under the influence of controlled drugs, the New Hampshire legislators have  expanded New Hampshire's DWI law to include driving "under the influence" of "any over the counter drug, or any other chemical, natural or synthetic, which impairs a person's ability to drive".  You can now be prosecuted for driving under the influence of cough syrup or aspirin.

    If you get stopped, you have to give him your license and registration and identify yourself.  Beyond that, the new DWI laws make it more important than ever not to answer a single question a cop asks you after you are stopped.  It may not be wise for you to answer any of a cop's questions about medications. If he is asking you about medications he is already deciding to arrest you; he is getting you to admit to prescription medication use. or now even cough syrup or allergy medicines: any statement has the potential to get you arrested for DWI in New Hampshire now! If they don't know what you have taken don't tell them!  You have the right to a lawyer and the right to remain silent when the police try to question you about anything. Here is an informational video with some hints:


    Lawyer Up! Call me today at 1-603-893-0074 right now! Don't tell them you have a cold, cough or any other illness, don't tell them what you ate, drank, smoked,snorted or swallowed!

    You can plug my cell number into your contacts right now on your cell phone in case you are hassled:
    1-603-785-6458 .  When they start to question you, lawyer up and shut up!