http://www.ByeByeDWI.com

Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guarantee of any particular result in any other case.

http://www.byebyedwi.blogspot.com

BASIC FACTS: The driver in this case was stopped for a “yellow line violation”, a common precursor to a New Hampshire DWI arrest.  The driver in this case was arrested after a police officer made the usual police observations from the government-sponsored DWI arrest manuals: bloodshot, glassy eyes, “a distinct odor of alcohol”, and an admission to drinking a small amount of alcohol.  The officer also directed the driver to perform the series of sidewalk acrobatics known as “field sobriety tests”.  The driver chose to play the lead in this predictable roadside ritual.

The driver allegedly “failed” the usual three sidewalk maneuvers: the “follow the pen” or “horizontal gaze nystagmus” (“HGN”) exercise, the “nine step walk and turn test” (sometimes called the “heel to toe test”), and the “one leg stand test”.  After the one-leg stand ordeal was over, the officer arrested the driver and charged her with “driving while intoxicated”, commonly known as “DWI” (sometimes it is called “DUI” or “OUI”, but there is no real difference).

The driver was handcuffed and put in the back of a police cruiser.  The officer got the driver out of the car at the police station and brought her inside.  Inside the station, the officer asked the driver to blow into a black hose to give a “breath sample”.  The driver chose not to give the state “evidence” against her by blowing into the black rubber hose. 

The driver later received a letter from the New Hampshire Department of Safety advising that her license would be suspended for allegedly refusing the breath test.  The driver hired Attorney Stevens to challenge the administrative license suspension at a hearing at the Department of Safety. 

HEARING PROCEDURE:            Attorney Stevens requested a hearing on the driver’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the New Hampshire DWI laws and the rules allow regarding the breath test.  After the state presented its case, Attorney Stevens moved to dismiss this suspension.  Attorney Stevens’ motion to dismiss the suspension was granted based on the state’s failure to properly advise this driver as the administrative rules require.  The driver’s administrative license suspension was dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The driver’s right to drive pending trial was restored immediately.  She did not suffer the 180 day administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“The thing a wicked man fears shall come upon him, but the desire of the righteous shall be granted.”

Proverbs 10:24

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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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