Mark L. Stevens’s Answers

Mark L. Stevens

Salem DUI / DWI Attorney.

Contributor Level 11
  1. Two fold question, in criminal cases dismissed without prejudice does NOT mean they can reinstate the case, correct?

    Answered 6 months ago.

    1. Eleanor R. Hertzberg
    2. Mark L. Stevens
    3. Michael J. Szklasz
    3 lawyer answers

    Dismissal without prejudice actually means that the Commonwealth can bring the charge back again. Unless and until they do, the charge is dismissed.

    4 lawyers agreed with this answer

  2. Nursing license with DUI in other state

    Answered about 1 year ago.

    1. Mark L. Stevens
    2. Samuel Cohen
    2 lawyer answers

    You need to read the question on the application carefully. You should consult with an attorney experienced in professional licensing in the state you're applying in. Answering falsely on the application could lead to prosecution in some states as well as an adverse reaction from the licensing board.

    4 lawyers agreed with this answer

  3. Is an Enhanced Simple Assault charge in NH a felony charge or a lesser misdemeanor? Assault was on an infant.

    Answered over 2 years ago.

    1. Mark L. Stevens
    2. Melissa S Penson
    2 lawyer answers

    These can be brought as felonies in New Hampshire due to the age of the victim.

    Selected as best answer

  4. Hi: i was stopped by local police w/a small amount of marijuana in possesion, i was given a complaint to appear in court `

    Answered over 2 years ago.

    1. Mark L. Stevens
    2. Melissa S Penson
    2 lawyer answers

    At your first court date you will be asked to enter a plea of guilty or not guilty. Because the marijuana was found in your car, your driver's license could be suspended if you plead guilty. If you are under 21, the New Hampshire DMV will suspend your license for 90 days for a first offense even if the police do not charge you with possession of marijuana in a motor vehicle and even if the Court sentence does not involve a license suspension. Mark Stevens 1-603-893-0084 Feel free to cal if you...

    2 lawyers agreed with this answer

  5. Can police take money from your wallet without consent?

    Answered over 2 years ago.

    1. Leonard D. Harden
    2. Mark L. Stevens
    3. Robert C. LeBrasseur
    3 lawyer answers

    The short answer is "no". The police can count your money, inventory your possessions, etc. in the interests of "protecting your property" while you are locked up. They cannot steal money from you or decide how you should spend your money for you.

    2 lawyers agreed with this answer

  6. I have 2 DUI's that are 30 years old? Can I get my CDL and will I be able to get a driving job?

    Answered almost 3 years ago.

    1. Brian E. Simoneau
    2. Mark L. Stevens
    3. Timothy P. Flynn
    3 lawyer answers

    Because your Massachusetts OUI convictions pre-date the enactment of the Federal Motor Carrier Act, the 30 year old OUI convictions, without more, should not pose an absolute barrier to you getting a CDL endorsement today.

    2 lawyers agreed with this answer

  7. DWI for a cdl holder in new hampshire

    Answered about 3 years ago.

    1. Mark L. Stevens
    2. Leonard D. Harden
    2 lawyer answers

    The court does not order the CDL disqualification; the sentencing court revokes your right to operate. The DMV sends you the CDL disqualificaton when they receive the abstract of the conviction from the Court. They typically send a CDL suspension hearing notice to you that will tell you they intend to suspend your CDL endorsement. Feel free to call me if you have any questions. Mark Stevens 1-603-893-0074.

    2 lawyers agreed with this answer

  8. I refused a BAC test and will get a DWI in NH. How long does the cop have to let NH know for me to lose license to a ALS?thanks

    Answered 9 months ago.

    1. Mark L. Stevens
    2. Nicholas Howie
    3. L. Vincent Ramunno Jr.
    3 lawyer answers

    The cop has 10 calendar days from the date of the alleged refusal to file his suspension request with the Department of Safety Bureau of Hearings in Concord.

    1 lawyer agreed with this answer

  9. CWOF/OUI /RMV

    Answered over 2 years ago.

    1. Ismail Mohammed
    2. Mark L. Stevens
    3. Henry Lebensbaum
    3 lawyer answers

    Yes. You can look at your own RMV record on the Registry's website to make sue it is your record they were looking at.

    1 lawyer agreed with this answer

  10. Criminal Threatening Case dismissed due to Witness' failure to appear.

    Answered almost 3 years ago.

    1. Mark L. Stevens
    2. Christopher M Young
    2 lawyer answers

    The answer to this question depends on whether the case was "dismissed with prejudice", meaning that the case cannot be re-opened and will remain dismissed, or "dismissed without prejudice", which means that the case CAN be reopened if good cause is shown. If it was marked simply "dismissed" then it iis presumed to be dismissed with prejudice and cannot be revived.

    1 lawyer agreed with this answer

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