Attorney Mark L. Stevens's Legal Cases

DUI and DWI

State v. S.S.

Jan 21, 2014

OUTCOME: DIsmissed after State's Case

A civilian caller called 911 to report that a truck drove through the wooden picket fence of his home. Police arrived and charged the man they found at the side of the truck with DWI & open container ... s of alcohol in his truck. The cruiser video showed remarkably good performance on field sobriety tests, and clear speech, despite what the officer's written reports said. At the end of the state's case and the playing of the video, both charges were dismissed by the Trial Court.

DUI and DWI

State v. Thomas M.

Dec 30, 2013

OUTCOME: Not Guilty

A civilian caller called the police regarding a truck driver she thought might be driving under the inluence. She called in the driver's plate number, which the police traced to the defendant's home. ... When police arrived they found the defendant seated in his truck drinking beer. Next to him was a bag of synthetic marijuana. The defendant refused field sobriety tests and ultimately refused a breath test when the police would not let him call his lawyer. He was charged with DWI.

DUI and DWI

State v. David B,

Dec 23, 2013

OUTCOME: Not Guilty on both charges.

This driver was stopped for weaving and following the car in front of him too closely. He performed field sobriety tests, which he allegedly failed. He admitted to consuming eight vodka drinks during ... the night. He agreed to submit to blood testing, which came back at .08.

DUI and DWI

T. H. F. v. Director, New Hampshire DMV

Feb 28, 2011

OUTCOME: Administrative License Supension Dismissed

The driver in this case allegedly drove off the road into a snow bank. He was trying to get his car out of the snow bank when the police arrived. The arresting officer arrived and questioned the driv ... er, asking him questions about drinking and driving. After getting the driver to give some incriminating responses, the officer asked the driver to do a set of balancing tricks called â€œDWI field sobriety testsâ€. The driver â€œfailedâ€ the field sobriety tests, as most citizens do. The officer then arrested the driver and charged him with DWI. After his arrest this citizen decided not to give any evidence by refusing to submit to a blood test. Attorney Stevens challenged the administrative license suspension. Attorney Stevens requested a hearing for this citizen at the New Hampshire DMV Bureau of Hearings in Concord. Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding DWI blood test refusals. After the state presented its case Attorney Stevens cross examined the arresting officer. After the hearing was finished, the DMV issued an order dismissing this suspension action because the state failed to establish â€œreasonable grounds for the DWI arrestâ€.

DUI and DWI

DB v. Director, DMV

Jan 07, 2011

OUTCOME: Administrative License Suspension Dismissed

The driver in this case was stopped for allegedly speeding, going only a few miles per hour over the speed limit. After the arresting officer asked him to get out of his car, this driver agreed to be ... subjected to a series of roadside gymnastics known as â€œDWI field sobriety testsâ€. At the station he agreed to provide evidence against himself by blowinjg into the old rubber breath test hose at the police station. The â€œresultâ€ from the breath hose was a .10, slightly higher than the .08 â€œper seâ€ level under New Hampshireâ€™s DWI laws. The driver later received a suspension notice letter from the New Hampshire DMV because of the alleged breath test results. The notice said that his driverâ€™s license would be suspended for 180 days for cooperating with the police and blowing into the breath testing hose. This driver contacted Attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this lengthy suspension. Attorney Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action. At the hearing, the state did not prove that it complied with New Hampshire's administrative rules on breath testing, which are found in the Department of Safety Administrative rules. The citizen's suspension was dismissed and he was driving by the end of the date of the hearing.

DUI and DWI

State v. D.G.

Dec 22, 2010

OUTCOME: Not guilty after trial

Driver was stopped for a defective equipment violation. The arresting officer noticed an open alcohol container and asked the driver to get out of his truck. The officer testified that the driver was ... "unsteady on his feet", talked ina mumbled manner, failed 3 field sobriety tests and refused to take a breath test. After a trial this citizen was found not guilty of DWI, first offense.

DUI and DWI

State v. R. B.

Dec 20, 2010

OUTCOME: Not guilty after trial

This driver was stopped because he had no license plate. The trooper stopped him, retrieved his drivers license and registration, and noticed a 24 ounce can of beer in a cupholder. The trooper asked ... the driver where he was coming from, which was the beer store. The trooper ordered the driver out of his truck for the 3-part "field sobriety testing" skit, all of which the driver allegedly failed. This driver blew into a hand-held breath testing gadget called a "PBT" at the roadside. The number on the PBT gadget was higher than a .08. The trooper then arrested him and charged him with DWI. At the station, the driver exercised his election not to blow into the black rubber breath testing hose at the police station. At trial, Attorney Stevens was able to exclude the alleged result of the hand-held battery-operated breath gadget. After the trial concluded, this driver was found "not guilty" of DWI. RB ClDC

DUI and DWI

State v. C.M.

Dec 01, 2010

OUTCOME: Note Guilty

The driver was stopped for crossing the yellow center line 5 times and swerving within his lane. When the officer approached his window, the officer could smel alcohol coming from within the car. Aft ... er the driver stepped out of the car, he "failed" all three "field sobriety tests". The Horizontal Gaze Nustagmus ("HGN") test, the "9 step walk and turn test", and the "one leg stand test". The officer then arrested the driver. At the station, the driver politely declined to blow into the breath test box. After trial, the driver was found not guilty.

DUI and DWI

State v. WC

Nov 03, 2010

OUTCOME: Not Guilty

Diver was stopped for a "plate light out" (it was actually working fine and the car had been inspected and passed earlier that afternoon). The stop occurred at about 2 a.m. The driver and wife told th ... e officer they were out looking at apartments. The driver submitted to "field sobriety tests" and supposedly failed them. He performed the horizontal gaze nystagmus, "walk and turn test" and "one leg stand test". He declined the cop's offer to blow into the breath test hose at the police station. On November 3, 2010, after trial, he was found not guilty. MDC WC

DUI and DWI

State v. S.F.

Sep 30, 2010

OUTCOME: DWI Dismissed

Driver was stopped for speeding. After the officer smelled an odor of alcohol coming from inside the vehicle he asked the driver about drinking. The driver admitted to two beers. The officer asked t ... he driver to step out of the vehicle for field sobriety testing. After the usual three field sobriety tests: the horizontal gaze nystagmus, "9 step walk and turn" and "one leg stand" tests, the driver was arrested for DWI. He refused to blow into the breath testing hose at the police station. This driver had both his administrative license suspension for refusing as well as his criminal charge dismissed due to a lack of evidence against him.

Mark L. Stevens's Legal Cases (36)

State v. S.S.

State v. Thomas M.

State v. David B,

T. H. F. v. Director, New Hampshire DMV

DB v. Director, DMV

State v. D.G.

State v. R. B.

State v. C.M.

State v. WC

State v. S.F.