Giving Your License & Registration to a Cop: What He's Really Looking For by NH DWI Lawyer Mark Stevens 1-603-893-0074

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Why Police Really Demand Your License and Registration by Salem, NH DWI Lawyer Mark Stevens 1-603-893-0074

New Hampshire laws. One of the first things to occur during an unwanted encounter with the police will be the officer's demand for your license and registration. By the time the officer demands these two documents, he probably already has run your plate. So if he knows who you are, and he knows the car is registered to you, why does he order you to give him your license and registration?

The officer asks for both of these items at the same time to try to confuse you. This tactic is described in DWI Detection and Field Sobriety manuals like this:

"PRE-EXIT INTERVIEW TECHNIQUES"

"A basic purpose of the face-to-face observation and interview of the driver is to identify and gather evidence of alcohol and/or drug influence. This is the purpose of each task in each phase of DWI detection" HS 178 R1/02, DWI Detection and Standardized Field Sobriety Testing Student Manual.

What this means is that every question and requested task is being used to gather evidence against you.

Further along in the same page of the manual the "license and registration" demand is described like this:

"Questioning Techniques

The questions you ask and the way in which you ask them can constitute simple divided attention tests. Three techniques are particularly pertinent:

1. Asking for two things simultaneously
2. Asking interrupting and distracting questions
3. Asking unusual questions

An example of the first technique, asking for two things simultaneously, is requesting the drivers license and vehicle registration. Possible evidence of impairment may come to light as the driver responds to this dual request."

HS R1/02, DWI Detection and Standardized Field Sobriety Testing Student Manual.


The manual then goes on to suggest a number of stock observations the officer could make about any difficulties you have retrieving these two documents under pressure.

PREPARATION FOR THIS WORST CASE SCENARIO

It is not a bad idea to prepare for this event. Have your license and registration in an easy place to find and an easy place to quickly and effortlessly produce upon demand. Don't put your license in a difficult spot so that you can pull it out quickly when you need to. Practice taking your license out of your wallet in the safety of your home. CONSIDER GETTING A REGISTRATION HOLDER TO KEEP YOUR VEHICLE REGISTRATION IN. If you do not have one send me an email with your mailing address and I will send you a registration holder for every one of your vehicles free of charge. Then 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.

By Salem, New Hampshire DWI Lawyer Mark Stevens 1-603-893-0074.

New Hampshire DWI laws and NH DWI case examples involving driving while intoxicated ("DWI"), driving under the influence ("DUI"), operating under the influence ("OUI"), aggravated DWI and boating under the influence ("BUI") cases by New Hampshire DWI defense lawyer Mark Stevens. If you have been arrested for DWI, DUI, OUI or BWI in New Hampshire, call for a free initial consultation and case evaluation for your DWI, DUI, OUI or Boating While Intoxicated case at 1-603-893-0074:

Mark Stevens
5 Manor Parkway
Salem, NH 03079
603-893-0074

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Reader Feedback

  • BusyQueen Nov 19, 2010 @ 3:42 pm | delete
    Thanks for checking out my lens. An interesting read about an officer's demand for your license and registration.
  • DUIAttorney Mar 7, 2009 @ 1:15 pm | delete
    This post shows the importance of having an attorney who truly understands the training of the police officer. You have a better chance of winning when you have the other side's laybook.

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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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A Practical Guide to Trying DWI Cases in New Hampshire 

By: Esq., Editor Mark L. Stevens

A Practical Guide to Trying DWI Cases in New Hampshire

Amazon Price: $165.00 (as of 06/02/2012)Buy Now

Designed specifically for lawyers who defend and prosecute drunk driving cases in New Hampshire, this manual is a first for the Granite State. Editor Mark Stevens of Salem, NH has assembled a winning cadre of DWI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. A Practical Guide to Trying DWI Cases in New Hampshire is the first book for criminal law practitioners in the growing MCLE | New England collection.

This DWI handbook for New Hampshire lawyers shows you how to:

- handle the special discovery needs that arise in DWI cases involving roadblocks;
- draft pretrial motions for cases involving stops that originate from anonymous (and not so anonymous) tips;
- approach the proof system and the definition of "one drink" when tackling breath test challenges;
- differentiate the absorptive from post-absorptive phases regarding blood alcohol levels;
- avoid the potential for mistrial when conducting a direct examination of the arresting officer;
- spot reversible error in the prosecution's opening statement;
- make demonstrative evidence, like cruiser videotapes and recording of the booking, work for your case;
- get a witness impeached based on evidence of prior conviction;
- avoid collateral consequences-including immigration and employment complications-of charges and convictions;
- resolve discovery issues in administrative license suspension hearings.

Featured are sample letters to police departments and the Bureau of Hearings, model motions and other pleadings, checklists, current and pertinent statutory law, and other key resources that give you the edge in your courtroom work and pretrial work. This book is unique in that it brings together some of New Hampshire's most knowledgeable DWI defense counsel with prosecutors and police department lawyers. A Practical Guide to Trying DWI Cases in New Hampshire is your most trusted source for prosecuting or defending a DWI in the Granite State.
New Hampshire counsel-both prosecutors and defense attorneys-need New Hampshire case authority, statutory law, and local wisdom on how to win at trial in Granite State courts. This practice manual has it all, in one convenient, authoritative, and comprehensive source.

Contents at-a-glance:

-Initial Defense Trial Preparation
-Pretrial Motions
-Breath Test Issues
-Blood Test Issues
-Prosecutor's Case in Chief
-The Defendant's Case
-State's Challenge to the Defendant's Case
-Collateral Consequences of DWI Arrest and Conviction
-Administrative License Suspensions and Hearings
-Appeals and Postconviction Relief

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