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Many people are under the belief that based upon the results of Standard Field Sobriety Tests (SFST's) one can tell whether or not a person is capable of operating a motor vehicle safely. Such a belief is misplaced. Indeed, the tests developed for the National Highway Safety and Traffic Administration (NHSTA) to test motorists for Driving While Intoxicated are far from the accurate and reliable indicators of a person's level of sobriety that law enforcement officials would have you believe.

The test used today by law enforcement were originally evaluated and developed based upon a 1977 study. This study tested individuals with Blood Alcohol Contents (BAC's) ranging from zero to .15. Even with such a great disparity between the subjects, after putting the subjects through the SFST's the researchers found a 47 percent error rate. That is, 47% of the subjects were misidentified by Police Officers as being intoxicated when they were not.

MARK STEVENS - ATTORNEY PROFILE

Attorney Mark Stevens practices in New Hampshire and Massachusetts. His practice is devoted entirely (100%) to criminal trials and appeals, with a major concentration in defending clients accused of DWI, Aggravated DWI, DUI, OUI or other allegations of drunk driving . He received his Bachelor of Arts degree from the University of New Hampshire in Durham, New Hampshire and his Juris Doctor from the Massachusetts School of Law in Andover, Massachusetts.

Attorney Stevens is a graduate and member of the National College of DUI Defense (NCDD). He has attended every summer session of the National College of DUI Defense since 2002. In 2005, he was appointed to the Board of Directors of the American Association of DWI Trial Lawyers (AADTL). Attorney Stevens became a certified breath test operator in 2004 and also became certified to maintain and repair the breath test machines used by every police department in New Hampshire in 2004.

In June 2005 Attorney Stevens successfully completed a specialized training course in Daytona, Florida on the Maintenance and Repair of the breath testing machines used by every police department in New Hampshire. This advanced training involved the complete breakdown of the machines to the component level utilizing the manufacturer's tool kit and diagnostic checks on these breath testing machines. He has also been trained in the administration of “field sobriety testing” and “marine field sobriety testing”, the same training received by the police officers who arrest citizens accused of driving while intoxicated (“DWI”) or boating while intoxicated (“BWI”).

Attorney Stevens has also completed specialized training in blood alcohol, blood testing for drugs, and breath testing in Atlanta, Georgia at the National College of DUI Defense’s “Mastering Scientific Evidence in DWI Cases” in 2003. He has completed specialized training in “Marine Field Sobriety Testing” (the “field sobriety testing” used by police in boating while intoxicated cases).

Attorney Stevens has extensive experience in DWI trials and related administrative license suspension hearings. He also has extensive experience in appeals and post-conviction proceedings. He has received concentrated appellate training, including federal appellate defense training and appeals and post-conviction training at the Massachusetts Committee for Public Counsel Services. Attorney Stevens obtained notable reversals of DWI convictions in the reported decisions of State v. Duffy (New Hampshire Supreme Court, reversing conviction for DWI due to violation of the defendant’s Miranda rights) and Commonwealth v. Ouellette (Massachusetts Appeals Court, 2003, reversing conviction for OUI-third offense due to violation of the defendant’s due process rights during jury selection).

Attorney Stevens is admitted to practice in all state and federal courts in New Hampshire and Massachusetts. He is also admitted to practice in the United States Court of Appeals for the First Circuit and in the United States Supreme Court. He is a member of the National College of DUI Defense, the American Association of DWI Trial Lawyers, New Hampshire Association of Criminal Defense Lawyers, and the Massachusetts Association of Criminal Defense Lawyers. He is also a member of numerous martial arts organizations and societies, and MENSA.

The Law Offices of Mark Stevens is located at 5 Manor Parkway, Salem, New Hampshire, 03079. His telephone number is 603-893-0074. His fax number is 603-893-5022. His web address is www.byebyedwi.com.

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• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
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