DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY NOVEMBER 24, 2009
DWI ALS CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED REFUSAL OF A BLOOD TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING AT DMV

http://www.ByeByeDWI.com

Please note-this is an example of the result of a recent New Hampshire DWI case. It is by no means a guarantee of any particular result in any other case.

http://www.byebyedwi.blogspot.com

BASIC FACTS: The citizen in this case was involved in a single car accident.  When police arrived, the citizen was climbing out of a car that had come to rest against a tree. The encounter between this citizen and police officers soured, and the police used their electronic shock device to shock the citizen into submission.  He was arrested for DWI and resisting arrest.  He also received a suspension action notice from the New Hampshire DMV because he allegedly refused to surrender a blood sample when the police who electrically shocked him demanded one.  The notice said that his driver’s license would be suspended for 180 days.

This driver contacted Attorney Mark Stevens at 603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this suspension.    Attorney Mark Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action.

HEARING PROCEDURE:            Attorney Stevens requested a hearing for this citizen at the New Hampshire Department of Safety in Concord.  Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding alleged blood test refusals.  After the state presented its case and after Attorney Stevens cross examined the arresting officer, the suspension was dismissed based on the fact that the state had failed to prove there were reasonable grounds to believe that the citizen was impaired by alcohol.  The driver’s administrative license suspension was dismissed after the hearing.

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

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And many false prophets will rise up and deceive and lead many into error.

And the love of the great body of people will grow cold because of the multiplied lawlessness and iniquity.

But he who endures to the end will be saved.

And this good news of the Kingdom (the Gospel) will be preached throughout the whole world as a testimony to all nations, and then will come the end.”

Matthew 24:11-14.

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