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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. |
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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 suspicion of DWI. After the usual series of questions, observations of bloodshot eyes, odor of alcohol and slurred speech the officer asked the defendant to perform the series of road side acrobatics that police call “field sobriety tests”. The defendant’s performance on these exercises led to his arrest. At the police station the defendant agreed to take a breath test. The alleged result of the breath test was a .11, over the so-called “legal limit” of .08. The state then sought to suspend the defendant’s driver’s license for 2 years due to a prior DWI. The defendant received a letter from the department of safety advising that his license would be suspended for allegedly failing the breath test. The defendant elected to hire 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 defendant’s behalf at the Department of Safety. Attorney Stevens challenged everything that the law and the rules allow regarding the breath test. After a thorough reading of the paperwork regarding the breath test, Attorney Stevens learned that the state had not presented the appropriate documentation to support its contention that the defendant failed his breath test. The defendant’s administrative license suspension was dismissed after the hearing because the state had failed to prove the results, even under the relaxed standard of proof applicable to an administrative hearing.
The hearings examiner dismissed the administrative license suspension.
RESULT: DISMISSED!!! The defendant’s right to drive pending trial was restored immediately.
Attorney Stevens thanks God for this successful defense!!!
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Copyright 2006, Attorney Mark Stevens, All rights reserved.
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