|
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 OF THE WEEK
–WEEK OF MARCH 21, 2007
DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .09
RESULT ON A BREATH TEST
Sponsored by ByeByeDWI.com
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 police arrived at the scene of a car that accidentally drove off the road. The police suspected the driver 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 a 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 defendant agreed to take a breath test. Because the defendant was under 21 years of age, the “legal limit” for his breath was a .02, meaning that if he blew a .02 or higher, the state would take his license and order a 180 day (6 month) suspension of his driving rights.
The alleged result of the breath test was a .9, over the so-called “legal limit” of .02. The state then sought to suspend the defendant’s driver’s license for 180 days. 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. Attorney Stevens obtained a copy of the defendant’s booking videotape. The booking videotape revealed the breath test operator take his eyes off the defendant’s mouth during parts of the required 20 minutes. Attorney Stevens objected to this, among other things. He submitted a copy of the booking video as an exhibit and moved that the defendant’s administrative license suspension be dismissed.
After a review of the arguments and the videotape, 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!!!
Contact Information:
If you leave a voice message or send an email,
please include ONLY the following information:
I will call you back at the earliest opportunity.
Do NOT include any specifics about your case in a recorded voice
message or email. We will discuss
that on the phone, and in greater detail in person.
Back to Top of This Page
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.
Original Web Page Development by Randy Bone.
Copyright 2006, Attorney Mark Stevens, All rights reserved.
All brand or product names are trademarks or registered trademarks of their respective companies or organizations.