New Hampshire DWI Case Victory

By Mark Stevens 603-893-0074

New Hampshire DWI Case Example:

May 7, 2009

Know Your Rights: http://www.ByeByeDWI.com

DWI CASE EXAMPLE: The citizen in this case was stopped for speeding (though probably just for driving late at night).  After stopping the citizen, the police officer asked the usual questions that are posed to most drivers who are stopped late at night:  where are you coming from, where are you going, and have you been drinking.  The officer made the usual stock police observations from the government-sponsored DWI arrest manuals: red, flushed face, bloodshot and glassy eyes, and “a distinct odor of alcohol coming from inside the vehicle”.

After the usual series of questions and an equally usual series of answers, the officer asked the driver to perform the series of sidewalk gymnastics known as “field sobriety tests”.  The driver chose to agree to play the role of the “about-to-be-arrested citizen” in this predictable roadside ritual.

The driver allegedly “failed” the usual three sidewalk maneuvers: the “follow the pen” or “horizontal gaze nystagmus” (“HGN”) exercise, the “nine step walk and turn test” and the thirty second “one leg stand test”.  This driver’s performance was unremarkable on these “field sobriety tests”.  After the one-leg stand ordeal was over, the officer arrested the driver and charged him with “driving while intoxicated”, commonly known as “DWI”.

The driver was handcuffed and put in the back of a police cruiser.  The officer got the driver out of the car at the police station and brought him inside.  Inside the station, the officer asked the defendant to blow into an old black hose to give a “breath sample”.  The driver chose to give the state “evidence” that would later be used against him, and he blew into the black hose twice.  The old gray breath testing box at the police station said the driver’s “breath alcohol concentration” was .10.

Because he chose to help the state gather evidence against himself, the driver was then treated to second criminal charge, commonly called a “DWI per se” charge, for allegedly driving with a breath alcohol concentration over .08.

The driver then received a letter from the department of safety advising him that his license would be suspended for 180 days for allegedly failing the breath 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 breath test.  After the state presented its case, Attorney Stevens moved to dismiss the Administrative License Suspension due to the state’s failure to follow two of the specific rules regarding breath testing “results”.  Attorney Stevens’ motion to dismiss the suspension was granted based on the state’s failure to comply with the administrative rules.  The driver’s administrative license suspension was dismissed after the hearing.

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

A Call to Action:

Have you been arrested?  If you have, you probably just endured the worst day of your life.  Your anxiety level is probably the highest it has ever been.  It is important right now that you promptly take steps to protect your rights.  The Law Offices of Mark Stevens represents people accused of DWI and other crimes.  Call right now for a free initial consultation at 603-893-0074.  In New Hampshire call 1-800-DWI-LAWS.  We look forward to speaking with you.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And Jesus said, ‘“If You can?”’  All things are possible to him who believes”.

Mark 9:23.

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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.

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