ALS
CASE VICTORY FEBRUARY 15, 2008
DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED REFUSAL
TO BLOW INTO THE BREATH TEST HOSE AT THE POLICE STATION-DISMISSED AFTER
ADMINISTRATIVE LICENSE SUSPENSION HEARING
Sponsored by ByeByeDWI.com
Please note-this is an example
of the disposition of a recent
BASIC FACTS: A driver was stopped for allegedly driving through a red
light at an intersection. After the
usual series of questions, the officer’s notation that the driver “fumbled for
his license”, had difficulty finding his registration, had red bloodshot eyes, an
odor of alcohol and slurred speech, the officer asked the driver to perform the
series of sidewalk gymnastics known as “field sobriety tests”. Like most drivers, he couldn’t do them right
and he was arrested. (CAUTIONARY NOTE: you might be arrested even
if you “pass” these subjective tests, as some of the case examples on this
website highlight over the past few months.
You cannot be forced to do these tests at the roadside).
At the police station, the arresting
officer read a form quickly to the driver and asked him to sign it. The driver refused to sign the form, and
explained that he wasn’t signing anything.
The officer took his license and gave the driver a notice of suspension
action for refusing to blow into the breath test hose at the police station.
The driver then received a letter from the
department of safety advising him that his license would be suspended for allegedly
refusing the breath test. The driver hired
DWI defense lawyer Mark 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 law and the rules allow
regarding refusing to blow into the breath testing hose at the police station. After the state presented its case and DWI
defense lawyer Mark Stevens cross examined the officers involved, the administrative
license suspension was DISMISSED. 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:
“that if you confess with your mouth Jesus as Lord,
and believe in your heart that God raised Him from the dead, you will be saved;
for with the heart a person believes, resulting in righteousness, and with the
mouth he confesses, resulting in salvation.
For the Scripture says, “WHOEVER BELIEVES IN HIM SHALL NOT BE
DISAPPOINTED.”
ROMANS 10:9-11.
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