ADMINISTRATIVE LICENSE SUSPENSION (“ALS”)

 CASE VICTORY JULY 24, 2009
DWI ALS CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .18 RESULT ON A BLOOD TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING

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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.

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BASIC FACTS: The citizen in this case was arrested after he was involved in a one car accident.  He was taken to a hospital where he agreed to submit to a blood test to determine his alcohol concentration.  The citizen received his alleged blood alcohol results from the state of New Hampshire. The documents showed a .18 blood alcohol level.   The citizen also received a suspension action notice from the New Hampshire DMV because his blood alcohol level was allegedly higher than a .08, the so-called “legal limit”.  The notice said that his driver’s license would be suspended for 180 days.

This driver contacted the Law Offices of Mark Stevens at 603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this suspension.    Attorney Mark 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 on the driver’s behalf at the Department of Safety.  Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding blood test results.  After the state presented its case and after Attorney Stevens cross examined the arresting officer, the suspension was dismissed based on the state’s failure to comply with the administrative rules required when a driver elects to submit to blood alcohol testing.  The driver’s administrative license suspension was dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The citizen’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:

“Then Nebuchadnezzar said to them, Is it true, O Shadrach, Meshach and Abednago, that you do not serve my gods or worship the golden image which I have set up?

Now if you are ready when you hear the sound of the horn…to fall down and worship the image which I have made, then very good.  But if you do not worship, then you shall be cast at once into the burning fiery furnace, and who is that god that can deliver you out of my hands?

Shadrach, Meshach and Abednago answered the king, O Nebuchadnezzar, it is not necessary for us to answer you on this point.

If our God Whom we serve is able to deliver us from the burning fiery furnace, he is able to deliver us out of your hand, O king.

But if not, let it be known to you, O King, that we will not serve your gods or worship the golden image you have set up.

Then Nebuchadnezzar was full of rage and his facial expression was changed against Shadrach, Meshach and Abednago.  Therefore he commanded that the furnace be heated seven times hotter than it was usually heated.

And he commanded the strongest men in the army to bind Shadrach, Meshach and Abednago and to cast them into the burning, fiery furnace.

Then these men were bound in their clothing and cast into the midst of the fiery furnace. 

Then Nebuchadnezzar the king saw and was astounded, and he jumped up and said to his counselors, Did we not cast three men bound into the midst of the fire?  They answered, True, O king.

He answered, Behold I see four men loose, walking in the middle of the fire, and they are not hurt! And the form of the fourth is like a son of the gods!

Then Nebuchadnezzar came near the mouth of the burning furnace and said, Shadrach, Meshach and Abednago, you servants of the Most High God, come out and come here.  Then Shadrach, Meshach and Abednago came out from the midst of the fire. ”

Daniel 3:14-26

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