ADMINISTRATIVE LICENSE SUSPENSION VICTORY

ADMINISTRATIVE LICENSE SUSPENSION FOR REFUSING TO BLOW INTO BREATH TEST BOX REVERSED AND DISMISSED!!!

WEEK OF DECEMBER 7, 2007

DWI CASE EXAMPLE: CLIENT ARRESTED FOR DWI THEN REFUSES TO BLOW INTO THE BREATH TEST HOSE AT THE POLICE STATION.  THE STATE SOUGHT A 180 DAY SUSPENSION OF HIS RIGHT TO DRIVE BECAUSE THE DRIVER WOULDN’T BLOW INTO THE BREATH TEST HOSE.  READ ON TO SEE WHAT HAPPENED…

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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 guarantee of any particular result in any other case.

BASIC FACTS: The police stopped a driver based on a cell phone call.  After the stop, the driver was polite, courteous and cooperative.  The officer smelled an odor of alcohol and interrogated the driver about drinking.  The driver decided to answer the questions and said that he had two beers earlier in the day.  The officer then directed the driver to get out of his car for a battery of field sobriety tests.

Even though the driver passed most of the tests, the officer arrested him any way.  On the only “test” that the driver even arguably failed, the officer conducted the test incorrectly.  The officer also conducted one of the tests that the driver “passed” incorrectly as well.  So, even though the driver cooperated and decided to do these “tests” on the roadside, and even though he passed them by any objective standard, the officer arrested him.

No doubt seeing where cooperation got him, arrested though innocent, the driver refused to blow into the police-operated breath testing gadget at the police station.  The state then sought to suspend the driver’s right to drive for refusing to blow, even though he wasn’t drunk.

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 alleged refusal to test.  At the hearing, the state testified that the defendant refused to submit a breath test after his arrest.  Attorney Stevens argued that the police officer did not have reasonable grounds to even ask the driver to take a breath test, and that the officer administered the roadside gymnastic tests incorrectly.

RESULT:       ORDER OF SUSPENSION RESCINDED AND ALS SUSPENSION DISMISSED!!!  

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And if you swear, As the Lord lives, in truth, in judgment and in justice, and in righteousness, then the nations will bless themselves in Him and in Him will they glory.”  Jeremiah 4:2

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