Attorney Mark Stevens

DRIVING WHILE INTOXICATED CASE EXAMPLE

DWI/ALS Victory January 7, 2011
DUI Case example: 180 day suspension of right to drive based on an alleged .10 Breath Test -DISMISSED after an “administrative license suspension hearing at the New Hampshire DMV

http://www.ByeByeDWI.com

Please note-this is an example of the result 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 allegedly speeding, going only a few miles per hour over the speed limit. After the arresting officer asked him to get out of his car, this driver agreed to be subjected to a series of roadside gymnastics known as “DWI field sobriety tests”. At the station he agreed to provide evidence against himself by blowinjg into the old rubber breath test hose at the police station. The “result” from the breath hose was a .10, slightly higher than the .08 “per se” level under New Hampshire’s DWI laws. The driver later received a suspension notice letter from the New Hampshire DMV because of the alleged breath test results. The notice said that his driver’s license would be suspended for 180 days for cooperating with the police and blowing into the breath testing hose.

This driver contacted Attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this lengthy suspension. Attorney Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action.

HEARING PROCEDURE: Attorney Stevens requested a hearing for this citizen at the New Hampshire DMV Bureau of Hearings in Concord. Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding DWI breath test refusals. The rules that govern administrative license suspension hearings are found at New Hampshire Administrative Rule Saf-C 2800. After the state presented its case Attorney Stevens cross examined the arresting officer. After the hearing was finished, the DMV issued an order dismissing this suspension action due to the state’s failure to comply with the statute and administrative rule regarding New Hampshire breath tests.

RESULT: ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!! This citizen’s right to drive was restored. 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:

“God’s anger is coming on the disobedient. So do not join them.”

Ephesians 5:6-7

Contact Information:
If you leave a voice message or send an email, please include ONLY the following information:

Date of any alleged offense you have been charged with.
The court in which you have been told to appear.
The date and time you have been told to appear.
Your telephone number and the best time to reach you.

I will call you back at the earliest opportunity. Do NOT include any specifics about your case in a recorded voice message or email. We will discuss that on the phone, and in greater detail in person.

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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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