Salem, NH
DUI and DWI Lawyer at Salem, NH
Practice Areas: DUI & DWI, Criminal Defense
OUTCOME: Not Guilty After DWI Trial
The driver in this case was stopped for speeding for allegedly driving 25 miles over the speed limit. After stopping, the driver performed the usual gaauntlet of field sobriety tests, all of which he ... "failed". At the police station, he declined the police officer's invitation to take a breath test. As this driver was under 21, the per se limit was .02. After a trial in the district court, the driver was found not guilty.
OUTCOME: DWI Conviction Vacated; Case Dismissed
This driver had originally pleaded guilty to DWI at his arraignment. He had never received any competent legal advice about the effects of his plea and conviction. Attorney Stevens successfully moved ... to vacate this DWI conviction after a hearing based on the fact that the driver's original plea of guilty was not made knowingly, voluntarily and intelligently. Once the conviction was vacated, Attorney Stevens later successfully moved to have the DWI complaint dismissed.
OUTCOME: DWI Dismissed
Defendant's motion to dismiss granted. After a single car accident the driver was not in the vicinity of the vehicle. Attempts to connect the defendant to the operation of the vehicle were attenuated ... and the DWI charges were dismissed.
OUTCOME: Not Guilty After DWI Trial
The driver was stopped by police after leaving the NASCAR races at the Loudon raceway. His passengers were highly intoxicated. As the car rolled by police officers who were stopping impaired people l ... eaving the races, the driver's passenger leaned his head out the window and yelled, "you missed one!". The police stopped the driver's vehicle. Thye driver refused to perform field sobriety tests. The police arrested him and charged him with DWI and possession of marijuana found in the car during an "inventory search" after the driver's arrest. At trial, Attorney Stevens successfully moved to exclude the marijuana from evidence and that charge was dismissed. After trial on the DWI charge, the driver was found Not Guilty.
OUTCOME: Not Guilty after DWI Trial
This driver was stopped for "crossing the yellow center line" shortly after midnight. After stopping his car normally the officer ran the driver though a series of field sobriety tests. The driver di ... d very well on these, but the arresting officer "deemed him to be a failure". After the field sobriety tests the officer asked the driver to blow into a hand held breath tester known as a "preliminary breath tester" or "PBT". The PBT said the driver's breath alcohol concentration was a .10. The driver refused further testing at the police station. Prior to trial, Attorney Stevens succeeded on a motion to suppress the PBT result. At trial, the arresting officer was the lone witness. After trial, the driver was found Not Guilty of DWI.
OUTCOME: Not Guilty of DWI After Trial
The driver was stopped for a minor traffic infraction. After a conversation with the police officer, the officer noticed an open beer can in the driver's car and smelled the odor of burnt marijuana. ... He questioned the driver about drinking and smoking marijuana. The driver candidly told the officer that he had consumed part of a beer and had smoked marijuana earlier in the night. The driver submitted to a field sobriety test but refused to submit to breath and blood testing. He was arrested and charged with DWI and possession of marijuana. At trial, Attorney Stevens succeeded in excluding evidence of the marijuana. After trial, the defendant was found not guilty of DWI.
OUTCOME: Dismissed Felony Possession w/Intent (Cocaine)
The driver of a car parked near an ATM machine in a strip mall in Salem on New Year's Day. In the middle of the afternoon, a police officer who noted that the parking lot near the ATM was a "high crim ... e area" approached the vehicle and watched the driver's movements inside. As the officer saw the driver reach toward the center console, which the officer deemed a "furtive movement, based on his training and expereince", the officer drew his gun and demanded that the driver put his hands up, then get out of his car. After searching the vehicle marijuna and cocaine were seized. Prior to trial Attorney Stevens moved to suppress all the evidence based on an illegal initial seizure by the officer, where no probable cause existed at the time he seized the driver. The Superior Court granted the motion to suppress all evidence, and all charges were subsequently dismissed.
OUTCOME: Order revoking probation vacated
In this case the defendant was convicted of violating the terms of her probation by failing to submit to random urince screens by the probation office in Boston. On appeal, Attorney Stevens successful ... ly argued that that the Commonwealth had not proven that that she had violated the terms of the contract because of a lack of clarity in the record of the probation violation hearings as to whether the probation contract had been executed as to the administration of the random urine screens. The Appeals Court vacated the District Court's order revoking the defendant's probation.
OUTCOME: Not Guilty after DWI Trial
This motorcycle operator was stopped for an alleged violation of the eye protection statute. The officer directed him through the usual battery of field sobriety tests, then arrested him for DWI. The ... driver refused to blow into the breath testing hose at the police station. At trial the driver presented the testimony of his friend who watched the entire series of field sobriety tests. The driver also testified on his own behalf. After trial, the driver was found not guilty of the DWI charge.
OUTCOME: Not Guilty of Aggravated DWI
The driver was stopped by police for speeding, allegedly driving 70 miles per hour in a 40 mile per hour zone. After stopping the car, the officer directed the driver through the standard series of "f ... ield sobriety tests" and then arrested the driver. At the police station, the driver blew a .17. The driver was charged with aggravated DWI based on his speed, because he was allegedly travelling in excess of 30 miles over the speed limit. He was also charged with aggravated DWI because his breath alcohol concentration was a .16 or higher. At trial, Attorney Stevens' motions to exclude evidence of both the speed, and the alleged results of the breath test, were both granted. The state therefore could not present evidence of either the speed or the breath test result. After a trial on the facts of the case, the driver was found not guilty of DWI.