Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@byebyedwi.com 		Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals.

DRIVING WHILE INTOXICATED CASE EXAMPLE

 DWI Victory November 15, 2011 - .12 Blood Test Suspension Dismissed
180 Day suspension of right to drive based on an alleged “.12 Blood Alcohol Test” -DISMISSED after a hearing at the New Hampshire’s Division of Motor Vehicles Bureau of Hearings

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.

BASIC FACTS: Police responded to the scene of a single car accident in Rockingham County.  They found a heavily damaged vehicle on its side in a ditch.  A man was seated behind the wheel.  He was injured and smelled like alcohol.   The officer asked the citizen if he had been driving, then asked if he had been drinking.  The citizen answered “yes” to both questions.  When asked how much he had to drink, the citizen answered “way too much to drive”.  The police advised the driver that he was under arrest for driving while intoxicated / “DWI”.  The officer asked the citizen to submit to a blood draw but the citizen emphatically refused, asking to speak to his lawyer and continuously declining the officer’s invitation to submit to a blood test.

            Even though the citizen declined the blood test, the officer sought out a search warrant to obtain the citizen’s blood against his will.  The police eventually obtained the search warrant.  Blood was involuntarily drawn from the citizen and the alleged results were a .12 blood alcohol level.  The state sought a 180 day administrative license suspension for his alleged blood test result after a DWI arrest.

This citizen called Salem, New Hampshire DWI defense lawyer 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 onerous license 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 state lab scientist who conducted the “blood alcohol test” both testified and Attorney Stevens cross examined them.

After taking the case under advisement, the Hearings Examiner dismissed the administrative license suspension, 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:

“So the people shouted, and the trumpets were blown.  When the people heard the sound of the trumpet, they raised a great shout, and Jericho’s wall fell down in its place, so that the Israelites went up into the city, every man straight before him, and they took the city.”

 

Joshua 6:20

 

 

RP DDC ROHE 11 15 11

 


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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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