DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY AUGUST 17, 2009
DWI ALS CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .10 RESULT ON A BREATH TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING AT DMV

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 citizen in this case was arrested after he was stopped and seized in a DWI roadblock.  He was subjected to the sidewalk gymnastics known as “field sobriety tests”, arrested, and dragged into a “DWI Command Vehicle”, a $500,000.00 (a half million dollar) gizmo.  Apparently the economy is still good enough for half-million dollar items like this one.  The citizen received his alleged breath alcohol results from a breath testing gadget inside the DWI Bat-mobile. The citizen also received a suspension action notice from the New Hampshire DMV because his breath 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 Attorney 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 citizen’s behalf at the Department of Safety.  Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding breath 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 breath alcohol testing.  The driver’s administrative license suspension was dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The citizen’s right to drive 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:

“But I tell you, on the day of judgment men will have to give account for every idle word they speak.

For by your words you will be justified and acquitted, and by your words you will be condemned and sentenced.”

Matthew 12:36-37.

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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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