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.

ALS CASE VICTORY FEBRUARY 1, 2008
DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .16 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 guaranty of any particular result in any other case.

BASIC FACTS: The defendant was stopped for driving 65 miles per hour in a 55 mile per hour zone.  After the usual series of questions, observations of red bloodshot eyes, odor of alcohol and slurred speech the officer asked the driver to perform the series of sidewalk gymnastics known as “field sobriety tests”.  The driver later agreed to submit to state-sponsored blood testing.  The officer took him to a hospital where medical personnel took the driver’s blood out of his arm with a needle and syringe.

The alleged test results came back a .16, over the so-called limit of .08.  The state then sought to suspend the driver’s license for 180 days because he gave blood and the alleged result was greater than .08.  The state also charged him with “Aggravated DWI”, a law that causes drivers who cooperate and submit to testing to be subjected to mandatory jail sentences based on their cooperation.

The driver then received a letter from the department of safety advising him that his license would be suspended for allegedly failing the blood test.  The driver hired Attorney 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 the blood test.  After the state presented its case, Attorney Stevens’ motion to dismiss the suspension was granted based on the state’s failure to comply with the administrative rules.  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:

“For You have been a defense for the helpless,

A defense for the needy in his time of distress,

A refuge from the storm, a shade from the heat,

For the breath of the ruthless is like a rain storm against a wall.”

ISAIAH 25:4

 





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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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