DWI CASE EXAMPLE: OCTOBER 8, 2008

New Hampshire DWI laws and penalties are tough.  Here is an example of a recent case victory-a DISMISSAL after Attorney Stevens’ motion to dismiss was GRANTED in a New Hampshire DWI and Aggravated DWI case:

Driver charged with Aggravated DWI, DWI per se, DWI and “unlawful intoxication by a minor” after her breath test was allegedly a .10

Aggravated DWI Case Example

DWI CASE EXAMPLE-BASIC FACTS: After a call from a civilian witness and a brief interrogation, a driver was directed by a police officer through a series of “field sobriety tests” and a hand-held “preliminary breath test”, also known as a “PBT” test.  The PBT test is a little hand-held, battery operated gizmo that gives no printout.  All of these “tests” were conducted in the driver’s own driveway, which was full of cracks and small holes in the pavement.  Police describe all places where field sobriety tests are conducted though as “flat, dry, level and free of debris” because that is what they are trained to say and report.  Have you seen the breakdown lane or pavement’s edge of many New Hampshire roads that are entirely flat, smooth, dry and “free of debris”?

The officer immediately began interrogating the driver about drinking and driving.  The driver passed one of the subjective field sobriety tests, but the ritual didn’t stop there; the officer barged on with more of the “field sobriety tests” until the driver allegedly failed some of them. It is important to note that once you begin these subjective exercises, even if you “pass” all or some of them, you will probably be arrested anyway.  Once ordered out of a car for field sobriety testing, the driver is seldom allowed to get back into their car and resume their freedom.

After her arrest, the police brought this citizen to a nearby police station where they asked her to blow into a black rubber breath testing hose.  This driver elected to blow into the hose.  The breath test box said that her “result” was a breath alcohol concentration of .10.  Because this driver was under the age of 21, the “legal limit”, or “per se” level, is only .02.  Because she had a child in the car at the time she drove, she was charged with aggravated DWI, DWI, and “unlawful possession or intoxication”.

Because she cooperated with the police regarding blowing into the breath test hose, she exposed herself to a mandatory jail sentence if convicted.  It is important to note that if you cooperate with the police and give breath or blood, that result can be used to send you to jail for up to a year, even if you have no criminal record.

This citizen hired Attorney Mark Stevens to represent her at her administrative license suspension hearing and at her criminal trial in the district court.

READ ON TO SEE WHAT HAPPENED…

DWI CHARGE DISMISSED AFTER MOTION GRANTED: OCTOBER 8, 2008

ADMINISTRATIVE LICENSE SUSPENSION DISMISSED AFTER HEARING AT THE DEPARTMENT OF SAFETY