DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY JANUARY 20, 2010
DWI ALS CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED REFUSAL OF A BREATH 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 stopped for allegedly crossing over the yellow center line 7 times and crossing over the white fog line 7 times.  Apparently the officer thought 14 was the magic number after which to stop this citizen.  After the usual roadside charades the officer arrested the citizen for DWI.  He later received a suspension action notice from the New Hampshire DMV because he allegedly refused to submit to a breath test.  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.  The rules that govern administrative license suspension hearings are found at New Hampshire Administrative Rule Saf-C 2800.  After the state presented its case Attorney Stevens cross examined the arresting officer.  The state then re-directed the officer through additional questions.

After the hearing, the suspension was dismissed by written order.  The decision was based in part on the hearing examiner?s determination that there was ?a significant concern about the credibility of the state?s testimony?.  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:

?Thou shall not bear false witness against thy neighbor;?

Exodus 20:16 (the Eighth Commandment)

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