Man Suspected of Driving While Under the Influence of Drugs or Alcohol Pulled Over by Police
MANCHESTER, N. H. _ A man suspected of driving while under the influence of drugs or alcohol found himself in a lot of trouble recently when he tussled with police after he was pulled over.
According to reports, Kevin Marcus, 25, refused multiple orders from police to get out of his vehicle after it was stopped along a street in Manchester.
He now faces misdemeanor DWI and resisting arrest charges in addition to a felony count of possession of a controlled drug.
If you are facing similar charges, please consult with a DWI lawyer in New Hampshire.
It’s important for you to know that police officers can stop a vehicle on suspicion of driving under the influence. In New Hampshire, law enforcement officers have a lot of leeway in determining whether to stop a vehicle.
An officer can stop a car if it is going too fast or too slow, driving up on curbs or stopping or starting with a jerking motion, or for pretty much any other reason.
Once the officer stops your car, you are required under the state’s implied consent law. This means that when you were issued a driver’s license, you agreed, so to speak, to certain requirements, including agreeing to take a Breathalyzer test or so-called balance tests. However, under state law, the driver has the right to say no.
If you refuse to take a Breathalyzer test, there are certain consequences. Count on losing your driver’s license for 180 days if you refuse to take the tests. If you have a prior DWI record, or a record of refusing to submit to a Breathalyzer test, you will lose your driving privileges for two years.
After you are stopped by police, you’ll be arrested if they find probable cause. After an arrest, you’ll be taken to jail and processed. You may spend a night or more in jail, depending on the circumstances of your case. In this case, court records show that Marcus was given a $1,000 bond on the misdemeanor charges and a probable cause hearing was scheduled in the felony count. That’s because a plea can’t be entered for a felony in New Hampshire’s circuit court system.
The bail money is just the beginning of the cash you’ll have to pay once your case hits the court system. You will be required to pay court fees, and attorney fees.
The penalties and fines can add up quickly in a drunken driving case.
For example, the state considers a first offense a Class B misdemeanor, which could result in a judge sentencing a driver to prison for up to six months and/or a minimum fine of $500.
But consider the other consequences as well. For a conviction, 6 points can be added to your driving record, which will likely drive up your insurance costs. And your driver’s license will be revoked for a period of time, ranging from nine months to two years, depending on the circumstances.
In addition, the convicted driver of a Class B misdemeanor will have to complete an intervention program that is designed for people who have been accused of drunk, or impaired, driving.
Very likely, the judge will also order additional counseling and/or drug or alcohol testing.
The penalties and fines increase as the charges become more severe.
In addition, there is the embarrassment of media coverage if your case draws attention. Your friends, family and bosses will know about your arrest, and the behavior that caused it.
The New Hampshire Department of Safety’s Division of Motor Vehicles lists all the fines you may face on its website.
In addition to doing some Internet research, you should consult with a lawyer who specializes in DWI in New Hampshire to discuss the specifics of your case.
Call The Anzalone Law Firm at 603-353-0024 to talk about your case with attorney Michael Anzalone, or one of his very capable associates.