DRIVING WHILE INTOXICATED CASE EXAMPLE

 DWI Victory October 28, 2011 - .09 Breath Test Suspension Dismissed
180 Day suspension of right to drive based on an alleged “.09 Breath Test” result DISMISSED after a hearing at the New Hampshire’s Division of Motor Vehicles Bureau of Hearings

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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.

BASIC FACTS: The police were called to an accident scene.  They found two citizens who had been involved in the accident seated in their cars.  One of them pointed out to the officers that the driver of the other car had thrown a paper bag out of his window.  The police opened the bag and found four empty “nips” of vodka.  The police approached the other citizen’s car and began badgering him with questions about drinking. 

After this initial interrogation, the officer asked the driver to do a series of balancing acts called “field sobriety tests”.  The officer ran the driver through a pen-waving test called the “horizontal gaze nystagmus test”.   Due to some balance problems the driver was having when he stepped out of the car, the officer did not have him do the balancing tricks that normally precede a New Hampshire DWI arrest.  Instead he asked the driver to recite the alphabet.  After that the officer arrested him.

The officer took the driver back to the police station, where he agreed to take a “breath test”.  The alleged result of this test was a .09 breath alcohol concentration.  The officer then took this citizen’s driver’s license away and gave him a temporary pink paper license.  The state sought a 180 day administrative license suspension for his alleged breath test result after a DWI arrest.

This citizen called Salem, New Hampshire DWI defense attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a DMV hearing can be requested to challenge this kind of suspension.  Attorney Stevens filed a hearing request with the New Hampshire Department of Safety (“DMV”) to challenge the administrative license suspension.  He challenged everything that the New Hampshire laws and administrative rules on breath testing allow.

HEARING PROCEDURE:            Attorney Stevens requested a hearing for this driver at the New Hampshire DMV Bureau of Hearings in Concord.  Attorney Stevens challenged everything in his ALS hearing request that the law and the administrative rules allow regarding DWI breath test refusals.  At the hearing the arresting officer and the officer who administered the breath test both testified and Attorney Stevens cross examined them.

After taking the case under advisement, the Hearings Examiner dismissed the administrative license suspension and dismissed the suspension action, because the state did not fulfill its statutory and administrative requirements necessary to sustain a license suspension.  The citizen’s right to drive was restored.

RESULT:       ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   This citizen’s right to drive was restored.  He did not lose his license.

Attorney Stevens thanks God for this successful defense:

TODAY’S SCRIPTURE:

But no weapon that is formed against you shall prosper, and every tongue that that shall rise against you in judgment you shall show to be wrong…”

 

Isaiah 54:17

 

 

 

SC SaDC ROHE