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 an “illegal u-turn” and for an alleged “yellow line violation.  The driver 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 two glasses of wine with dinner.  The officer also directed the driver to perform a series of sidewalk gymnastics sometimes called “field sobriety tests”.  The driver “failed the field sobriety tests” in this predictable roadside ritual.

The officer then asked the driver to blow into a hand-held, battery operated breath gadget called a “preliminary breath tester”, or “PBT”.  The gadget said the driver’s breath alcohol level was a .10.  The officer then arrested the driver and charged him with DWI.

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 him 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 him by blowing into the black rubber hose. 

The driver later received a letter from the New Hampshire Department of Safety advising him that his 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 alleged refusal to blow into the breath hose.  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.  He did not suffer the 180 day administrative suspension that the state sought to impose on him.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“When the Son of Man comes in His glory, and all the holy angels with Him, then He will sit on the throne of His glory.

All nations will be gathered before Him, and He will separate them from one another as a shepherd separates his sheep from his goats.

And He will cause the sheep to stand at His right hand; but the goats at his left.

Then the King will say to those at his right hand, Come, you blessed of my Father, inherit the Kingdom prepared for you from the foundation of the world.”

Matthew 25:31-34

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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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