"Hocus, Pocus, I Waive the Magic Pen & You're Drunk"- by Mark Stevens

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The "Follow the Pen Test" in New Hampshire

This page is about New Hampshire DWI laws and the sketchiest of the "field sobriety tests" used in DWI cases.

The first test in the three-part series of "field sobriety tests" that a driver typically endures at the roadside immediately prior to his or her DWI arrest is the horizontal gaze nystagmus test. This is commonly called the "HGN" or the "gaze" test by the police. This "test" is done by the officer holding a pen or his finger about a foot from the driver's face, then waving it slowly from side to side several times. It is designed to check for a "jerking of the pupils" during the pen wavings. The officer typically tells the driver to stand with his or her feet together and his or her arms by her side, and to follow the officer's pen with his or her eyes only (in other words not to move his or her head).

Usually the police will demand that you reach out and touch the tip of the pen with the tip of your index finger. This is another trick. If you touch anywhere but exactly on the tip of the pen, with any other part of your finger but the tip, this will be prominently featured in his narrative police report as a sign that you were drunk.

The police are trained to call their pen a "stimulus" in order to make the exercise sound more scientifically reliable than it is. Most drivers think they have "passed" this "test" because they complied with the officer's instructions to hold their head still. Quite to the contrary, any minor jerking of the pupils, which can be caused by hundreds of reasons other than alcohol ingestion, will cause the driver to "fail" this test.

One thing to watch out for just before this "test" starts is a request by the police to "check your eyes". This sounds pretty innocuous, but it is really just a way to get you to comply with the "testing" that you cannot be forced to do. Logically, why would you want a cop to give you an eye exam in the dark? REMEMBER: YOU CANNOT BE FORCED TO SUBMIT TO THE PEN TEST OR ANY OTHER "FIELD SOBRIETY TESTS" AT THE ROADSIDE!!!!

The police will often say that they would like you to step out of your car "to check and see if you are okay to drive". Once you are asked to step out of your car the chances of you stepping back into it are slim. Think twice before you give the police any evidence to use against you!

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For an interesting article on wrongful diagnoses regarding "horizontal gaze nystagmus" click below:
Horizontal Gaze Nystagmus - more information

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NH DUI/DWI defense Attorney Mark Stevens

Mark Stevens' Breath Testing Certificate

One of criminal defense lawyer Mark Stevens' (Salem, NH) breath testing certificates (May 2009).

Call 1-603-893-0074 for free initial consultation if you have been charged with unlawful underage intoxication, minor in possession of alcohol, transportation of alcohol or facilitating an underage house party.

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Mark Stevens' Breath Testing Certificate

Salem, New Hampshire DWI defense lawyer Mark Stevens' most recent breath testing certificate (May 2009).

The Law Offices of Mark Stevens is located in Salem, New Hampshire in Rockingham County. Call today at 1-603-893-0074 for a free initial consultation for your New Hampshire minor in possession, underage intoxication, boating while intoxicated, driving while intoxicated, aggravated driving while intoxicated, or other criminal charges.

Don't Plead Guilty at Your Arraignment

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Salem, New Hampshire criminal defense Attorney Mark Stevens explains why you should not plead guilty at at arraignment. You should consult with a criminal defense lawyer before pleading: call today 1-603-893-0074 for a free consultation.
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Attorney Mark Stevens' Blog

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For more information on DWI and DUI laws in New Hampshire, refer to Mark Stevens' blog. It is updated on a regular basis.

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DWI Lawyer Mark Stevens

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New Hampshire DWI laws explained by Attorney Mark Stevens.

Call for a free New Hampshire DWI case consultation today at 1-603-893-0074.
DWI Defense Lawyer in New Hampshire Mark Stevens
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"Lawyer Up and Shut Up"

New Hampshire DWI lawyer Mark Stevens explains your Miranda rights in their most basic terms: lawyer up and shut up. When the cops want to talk to you, call New Hampshire Attorney Mark Stevens at 1-603-893-0074.
Lawyer Up and Shut Up : by New Hampshire DWI Lawyer Mark Stevens
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19 ratings | 1,715 views
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"Zip It!" - Exercise Your Rights

New Hampshire DWI lawyer Mark Stevens 1-603-893-0074

New Hampshire DWI lawyer, Mark Stevens, explains how to respond when the cops want to question you about a crime. The police will usually ask you questions right before they arrest you for DWI or for any other criminal charges, in which case it's usually best to "Zip It!" Call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free consultation.
Zip It ! by New Hampshire Defense Lawyer Mark Stevens
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14 ratings | 455 views
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"Be a Zero"

When the cops ask you to rate yourself between a one and ten be a "zero." New Hampshire DWI laws explained by Salem, New Hampshire criminal defense attorney Mark Stevens.

If you've been charged with a DWI or DUI, call the Law Offices of Mark Stevens today for a free consultation at 603-893-0074.
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No License Suspension is Really "Automatic"

Call New Hampshire Lawyer Mark Stevens Today at 1-603-893-0074

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What's Happened to Our Miranda Rights

RCTV's Q&A Episode 9 discusses the current state of a citizen's Miranda rights, and what constitutes the waiver of Miranda rights. This is brought up in light of the United States Supreme Court's landmark decision in Berghuis v. Thompkins case on June 1, 2010. A discussion of the Thompkins case and how it may affect future criminal cases in New Hampshire and Massachusetts under federal constitutional analysis is debated. Kendra Cooper hosts this discussion, with Mark Stevens and Jay Milligan as guest attorneys.
Q&A Episode 9: Miranda rights
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9 ratings | 911 views
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DWI Roadblocks

New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074

New Hampshire DUI Lawyer. RCTV's Q&A Episode 5 is hosted by Kendra Cooper, with guest attorneys Mark Stevens and Jay Milligan. They delve into discussions of the procedures and legal issues from DWI roadblocks.

If you have been arrested for DWI in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation. We look forward to speaking with you!
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Breath Gadgets

Breath gizmos hit high schools

RCTV's Q&A Episode 4 is hosted by Kendra Cooper with guests New Hampshire DWI defense lawyer Mark Stevens, and Massachusetts OUI defense lawyer James Milligan. In this episode, they discuss the use of hand-held breath test gadgets in high schools to determine breath alcohol concentration.

If you've been arrested for a DWI or DUI, Call Mark Stevens today for a free consultation at 603-893-0074.
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New Hampshire DWI Laws Links

New Hampshire DWI links by Mark Stevens.

Call the Law Offices of Mark Stevens for a free initial case consultation for your New Hampshire DWI case at 1-603-893-0074.
NH DWI Lawyer Mark Stevens 603-893-0074
New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
New Hampshire DWI Blog
New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
The Truth Machine
Why didn't the police video record your arrest? New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
Mark Stevens' DWI MySpace Page
New Hampshire criminal defense lawyer Mark Stevens' MySpace page. Call the Law Offices of Mark Stevens today at 603-893-0074.
Mark Stevens' Zimbio Wikizine
New Hampshire DWI laws. DWI, DUI, OUI, aggravated DWI laws by New Hampshire DWI lawyer Mark Stevens. Call Mark Stevens at 603-893-0074 for free New Hampshire DWI case consultation.
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New Hampshire Marijuana Laws

Possession of marijuana is still a crime in New Hampshire! Believe it or not, the simple possession of marijuana can cause you to lose your license, face a criminal conviction and criminal record, pay a fine, and even risk going to jail - even for a single joint! You should seek the advice of a criminal defense lawyer who defends marijuana cases and defends New Hampshire drivers ASAP!

Call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free consultation. We look forward to speaking with you.
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New Hampshire Aggravated DWI Laws

If you have been charged with internal possession of alcohol, minor in possession of alcohol, unlawful intoxication by a minor, DWI, Aggravated DWI or any other alcohol related charge in New Hampshire call the Law Offices of Mark Stevens at 1-603-893-0074.
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Not Guilty

New Hampshire DUI lawyer. Call the Law Offices of Mark Stevens today at 1-603-893-0074 to arrange a free consultation.
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Perils of Social Networking

Episode VII of RCTV's Q&A, deals with the legal ramifications and concerns regarding social media and social networking. New Hampshire criminal defense lawyer Mark Stevens and Massachusetts OUI defense attorney James Milligan discuss legal issues arising from social media and social networking on Facebook, Myspace, Twitter and other social networks.

If you have been stopped and arrested for DWI or other crimes in New Hampshire call the Law Offices of Mark Stevens today at 1-603-893-0074 for a free initial consultation. We look forward to speaking with you!
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Boating While Intoxicated

Mark Stevens on New Hampshire "boating while intoxicated laws."

If you have been arrested for boating while intoxicated in New Hampshire, don't experiment, call New Hampshire Attorney Mark Stevens at 1-603-893-0074 today. Examples of Not Guilty results in NH boating cases on website, ByeByeDWI.com.
Boating While Intoxicated
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10 ratings | 365 views
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Vital Tips to Never Forget While Driving

Especially on holiday weekends

Everyday, each driver on the road has a chance of being stopped and hassled by the police by way of roadblocks and seat belt law enforcement. But, drivers must beware - a higher chance of being stopped are during holiday weekends.

Roadblocks are the outcomes of government funding - they'll stop every car just to see if anyone may be drunk. And the likelihood that 100% of the stopped drivers are drunk? Not very high. This is the first problem with roadblocks. These "sobriety checkpoints" don't even end up finding drunk drivers! For example, the police will stop about 100 cars before they even find ONE person of whom they SUSPECT of a DWI. But, what they end up doing is arresting people for irrelevant crimes - other types of motor vehicle arrests (ones not pertaining to DWI), inspection, violations, people with warrants, etc. Then, they take these arrests and report, "SIX arrested at DWI checkpoint," only to find out there was one or maybe, two arrested for DWI.

To avoid run ins with the police during holiday weekends - or any day for that matter - follow these simple rules that will cross you off of the police's list:

Make sure your inspection stickers and registration are valid and up-to-date
When driving into a roadblock, or even driving by a police cruiser, you must always make sure your inspection sticker and registration are accurate and up-to-date. If not, you can almost guarantee that you will be hassled possibly fined. Remember, the police will pull you over for any reason they can get their hands on, whether it is relevant to DWI or DUI suspicion or not. Once the police have you stopped for a minuscule reason such as this one, they're one step closer to seeing if you could perhaps be drunk driving, or are carrying drugs in your car.

The penalty for violation a section of the motor vehicle code is $60, but you'll really pay the price if police smell alcohol or suspect that you've been drinking, simply for the lack of an inspection sticker.
Unfortunately, many drivers who are initially stopped for this minor violation end up charged with DWI, DUI or OUI. AVOID all of this by making sure your stickers are up to date!

2. Make sure your plate lights and other lights are working
All drivers during the night should make sure all their vehicle's lights are working, not only for their own safety, but to avoid interaction with the police. As previously stated, police will take any chance they can to pull drivers over, no matter how minor the violation may be. Generally, the driver may be following all rules of the road - obeying the speed limit, maintaining proper lane control, steady driving - but is still being pulled over for reasons unknown to the driver.

The number of stops for equipment violations have increased over the years, not because the police have a concern over the functioning of plate lights, or scolding drivers for not using their turn signals. Rather, the police have a broader goal: the police have co-opted the motor vehicle code to fight the war on drugs, and many DWI arrests ensue after these stops when the police can't find any drugs after the stop.

Avoid giving the police some of these chances to legally stop you by making sure that all your lights are functioning, your registration and inspection stickers are up to date, and your license is valid.

PREPARATION FOR THE WORST CASE SCENARIO:
It isn't a bad idea to prepare for this event, even if you least suspect it, there is still a strong chance this could happen to you someday. Always make sure your license and registration is in an easy place to find, so you can quickly and effortlessly produce it upon demand. Never put your license in a difficult place to find, or a place you'll know you'll forget. Practice taking your license out of your wallet in your own home.
CONSIDER GETTING A REGISTRATION HOLDER TO KEEP YOUR VEHICLE REGISTRATION IN. If you do not have one send me an e-mail with your mailing address and I will send you a registration holder for each of your vehicles free of charge. After, you can practice producing your license and registration fairly frequently. It will make it easier to do if you ever have to produce them under a pressurized roadside situation.

If you ever charged with a DWI, DUI, or OUI call:
The Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
1-603-893-0074


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NH DWI Laws

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New Hampshire aggravated dwi laws. Call Attorney Mark Stevens 1-603-893-0074 today to arrange a free consultation to discuss your New Hampshire DWI or aggravated dwi case.
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New Hampshire DWI Blog News

New Hampshire DWI and criminal defense topics by Salem, New Hampshire criminal defense lawyer Mark Stevens. The Law Offices of Mark Stevens are located at 5 Manor Parkway in Salem, New Hampshire (Rockingham County). Call today at 1-603-893-0074 for a free initial case consultation.

Recent posts from ByeByeDWI blog:
NH man with 10 DWI convictions to be paroled
CONCORD, NH?A New Hampshire man convicted 10 times of driving while intoxicated is being granted parole. Kerry Persons will be paroled at the end of July. WMUR-TV reports (http://bit.ly/J2gblp) the state Parole Board lectured Persons about his long ...
Man Charged with DWI After Rollover Crash
At 7:57 pm, New Hampshire State Police were called to assist with a one-car crash on Brown Road near the intersection of Towle Farm Road in Hampton Falls, according to a press release. The vehicle had reportedly left the roadway and snapped off a ...
10-time DWI offender paroled
Persons has spent about 10 years in jail because of his repeated drunk-driving convictions, he said in an extensive interview with the New Hampshire Union Leader in March. He is living in the Calumet Halfway House in Manchester and said in March that ...
State police have assignment for weekend
By JOSEPH G. COTE New Hampshire state troopers ? pretty much all of them ? will be on the roads over the Memorial Day weekend, their eyes peeled for speeding and aggressive drivers. Beginning Friday and lasting until midnight Monday, troopers, ...

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New Hampshire DUI Attorney Mark Stevens. Call today for a free consultation for your New Hampshire DWI case. Defense Attorney Salem, NH.
See this video: Courtney carries the card and you should too!
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Reader Feedback

  • ByeByeDWI Dec 12, 2009 @ 9:20 am | delete
    Thanks for your comments Brian. Here in New Hampshire DWI trials the officer's testimony about the Here Goes Nothing test are admissible. This usually consists of the officer memorizing the three things they are supposed to recite, then saying that they saw all three things twice in each eye. The only time it's even mildly interesting is when they fail to memorize the clues correctly.
  • Attorney Brian E. Simoneau Dec 11, 2009 @ 7:46 pm | delete
    Conventional field sobriety tests are designed to determine whether a driver is under the influence of alcohol by measuring the driver's balance, coordination, and ability to follow instructions. These tests are based on the theory that someone who is intoxicated will not demonstrate the balance, coordination, and ability to follow directions which is required to pass the tests. This theory is seriously flawed, because there are a litany of other potential causes for ?failing? these roadside gymnastics.

    In addition to the conventional field sobriety tests, many police officers use the horizontal gaze nystagmus test. This test measures various aspects of involuntary eye movements, by having the DUI suspect follow a stimulus (usually a pen) with his eyes, without moving his head. While it is common knowledge that alcohol consumption can diminish balance, coordination, and the ability to follow directions, the medical phenomenon of nystagmus is outside of the common knowledge of a layperson. Therefore, expert testimony should be required as a condition to the admissibility of HGN related evidence. Massachusetts courts have long required this. See Commonwealth v. Sands, 424 Mass. 184 (1997).

    Brian E. Simoneau
    Boston DUI Attorney
  • DUIAttorney Mar 7, 2009 @ 1:17 pm | delete
    I am amazed at the number of attorneys who don't understand how the tests work. How can you cross examine a cop if you don't understand how he is supposed to the tests. Mark Stevens understands HGN and is able to effectively cross the cop.

Salem, New Hampshire Marijuana DWI Defense Lawyer Mark Stevens

Call Today 1-(603)-893-0074 the consultation is free!

If you get stopped by the police, DON"T TELL THE COPS YOU"VE BEEN SMOKING WEED! Remember you can be charged with "Marijuana DWI" so, don't give the cops any reasons to pull you over. Check all your brake lights and tail lights and keep your license and registration up to date. If you do get hassled by the police, call DWI Defense Attorney Mark Stevens 1-603-893-0074.FREE CONSULTATION!
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A Practical Guide to Trying DWI Cases in New Hampshire; Esq., Editor Mark L. Stevens (Author)

A Practical Guide to Trying DWI Cases in New Hampshire

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