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Mark L. Stevens
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Mark Stevens’s Answers

48 total


  • What is the risk for jail, for a reckless driving charge?

    I was arrested for reckless driving, 120 in a 70 on the ticket. This is my first offense, and other than this I have a single speeding ticket. I live in MA, arrested in NH. I am 18, planning to attend state school as well as to work. I understand ...

    Mark’s Answer

    If you are charged with a violation level first offense reckless operation charge under New Hampshire RSA 265:79, and no more, there is no risk of any jail time.

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  • What class misdemeanor is reckless driving/operation?

    I understand the Class A/B felonies, and misdemeanor system for New Hampshire. I was arrested for reckless operation, but just speeding. No other factors, no injuries, no "almost", just speeding down a straightaway (over 100mph). Because of this, ...

    Mark’s Answer

    Based on the facts you have presented, this should be a violation level charge of Reckless Operation, provided that it is a first offense for you for this charge. The minimum penalty for this, if you are convicted, is a 60 day loss of driving license (or right to drive in New Hampshire if you hold an out of state license, and $620 in fines and fees.

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  • What can I expect from leaving the scene of an accident and not reporting it? no one involved except a moose and my van

    Ten days ago, I hit and killed a moose on the way home from work.(ten at night) After I hit the moose, with the windshield crashed in, I asked my passenger if he was ok. I then kept driving to drop him at his home and then on to my girlfriends. At...

    Mark’s Answer

    The most likely charge the police are looking at may be "Conduct and Reporting After a Motor Vehicle Accident". The statute is New Hampshire RSA 264:25. Alternatively, they may be looking at "reckless driving", NH RSA 265-79, or "negligent driving", RSA 265-79b. The fact that the cop mentioned "misdemeanor" likely means "Conduct after an Accident", as the other charges I mentioned are misdemeanors. That charge could either be a "class A misdemeanor" or a "class B misdemeanor", the class A misdemeanor being more serious. However, based on the brief description in your question, they may not be able to prove a conduct after accident.

    It is usually not a good idea to submit to police questioning under these circumstances, as there were no witnesses mentioned in the questions. Confessions are usually the most damaging evidence in a criminal case.

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  • Pulled over for 62 in a 30mph zone

    My daughter is 19 and has no driving or criminal record. She was pulled over for going 62 in a 30 mph. The officer did not put a fine on the ticket, just stated on it that she must appear in court in June. Our family has no tickets and never had ...

    Mark’s Answer

    Because your daughter is under 20, she is exposed to a a 20 day license loss from the DMV for any first offense speeding ticket. She is entitled to a hearing on that suspension if she is convicted in court She may want to consider fighting the charge though. This is a 4 point offense on her driving record, because the alleged rate of speed is in excess of 25 miles per hour over the speed limit. If you would like to briefly discuss options and potential outcomes feel free to contact me Monday.
    Attorney Mark Stevens
    1-603-893-0074

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  • RSA 651:5 Annulment of Criminal Records

    I have been convicted of DUI (misdemeanor B) and completed all of the requirements. I plan to file motion to downgrade it to a moving violation after 1 year. However, I am curious how the process of RSA 651:5 Annulment of Criminal Records works a...

    Mark’s Answer

    Petitions to annul DWI convictions like the one you describe are described in 265-A:21 paragraph I, which reads:
    I. Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or attempting to operate a boat on the waters of this state while under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or while having an alcohol concentration of 0.08 or more or of aggravated drunken driving until 10 years after the date of conviction. Any record thus annulled shall be retained in a permanent file, to be opened only for purposes of sentencing in the case of an offense under RSA 265-A:3.

    I hope this helps.
    Mark Stevens

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  • My dads computers taken by police

    ok the police took my dads computers when he passed away 4 months ago and havent given them back. I have files on there. Will I EVER get them back

    Mark’s Answer

    I am sorry to hear of your dad's passing. To help with this question I would need to know why the police "took" your dad's computers. Was it a warrant search?, did they allege the computer was stolen property?, etc.

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  • How to appeal a license suspension from the DMV for uninsured motorist in NH with a subrogation claim collection agency?

    I was uninsured, not at fault for an accident and I am in dispute with a subrogation collection agency. I discovered I was uninsured over a paperwork error (Proof of Residency in NH) after the accident. I was heading south in the left hand lane (t...

    Mark’s Answer

    You are entitled to a hearing at the New Hampshire Department of Safety's Bureau of Hearings in Concord if you were suspended under the insurance and security requirements provisions of New Hampshire law RSA 264:3 and the suspension provisions of RSA 264:7. If you lose that hearing you have 10 days within which to file a petition for judicial review in the superior court in the county in which you live.

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  • Two fold question, in criminal cases dismissed without prejudice does NOT mean they can reinstate the case, correct?

    Is there any reason why a judge would avoid addressing iron clad motions? She implied to the DA that the allegations didn't meet the elements as it stated in the motion, but she wouldn't officially address the motions. DA said she wanted to procee...

    Mark’s Answer

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

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  • 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

    I received a letter from the State of NH to the arresting officer, explaining that he took to long to do the paperwork for an Administrative License Suspension(ALS) and that the case can still go ahead. I know I will get a guilty verdict for a DWI...

    Mark’s Answer

    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.

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  • 1997 Dui in NH with bench warrant outstanding.Cant get Maine DL until resolved.Offered plea bargain,what chance of fighting it.

    Can a Public defender help.Chances of asking for a reduced charge.Reckless Driving ? Bac 08 I am pretty sure.

    Mark’s Answer

    Hello if you are charged with a Class B misdemeanor or violation level DWI charge in New Hampshire you would not be assigned a public defender, unless there were companion charges that were class A misdemeanors or felonies. You might wish to speak to an experiemced New Hampshire DWI trial lawyer. Feel free to contact me if you would like to speak about your case. My name is Mark Stevens, my number is 1-603-893-0074.

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