The alleged test results came back a .25, over the so-called “legal limit” of .08.  The state then sought to suspend the driver’s license for 180 days because she cooperated with the police and gave blood when she was asked to do so, and because the alleged result was greater than .08.  The state also charged her 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.  IT IS IMPORTANT TO NOTE THAT IF YOU COOPERATE WITH THE POLICE AND SUBMIT TO BREATH OR BLOOD TESTING THAT ALLEGES A “RESULT” OF .16 OR HIGHER YOUR DWI CHARGES WILL BE ENHANCED AND YOU FACE A MANDATORY JAIL SENTENCE BECAUSE OF YOUR COOPERATION, EVEN IF YOU HAVE A PERFECTLY CLEAN DRIVING RECORD!!!

The driver then received a letter from the department of safety advising her that her 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, including a police officer and a state lab scientist, Attorney Stevens’ moved to dismiss the administrative license suspension in this case.  The driver’s administrative license suspension was subsequently dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The driver’s right to drive pending trial was restored immediately.  She did not suffer the 180 day administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For what the Law could not do, weak as it was through the flesh, God did: sending His own Son in the likeness of sinful flesh and as an offering for sin, He condemned sin in the flesh, so that the requirement of the Law might be fulfilled in us, who do not walk according to the flesh but according to the Spirit.”

ROMANS 8:3-4

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