DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY APRIL 16, 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 THE 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 the yellow line?.  After the arresting officer asked her to get out of her truck, she refused to perform the roadside gymnastics known as ?DWI field sobriety tests?.   At the station she refused to blow into the breath hose.  She later received a suspension action notice from the New Hampshire DMV because she allegedly refused to submit to a breath test after being arrested for DWI.  The notice said that her driver?s license would be suspended for 180 days for refusing to blow into the breath testing hose.

This driver contacted Attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this suspension.    Attorney 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 DMV Bureau of Hearings in Concord.  Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding DWI breath 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 issue in this case was whether there was even enough evidence to sustain an administrative license suspension.  After hearing the broth-like evidence presented by the state, the hearings examiner rescinded the administrative license suspension in this case.

RESULT:       ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   This citizen?s right to drive was restored.  She did not suffer the 180 day administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!

TODAY?S SCRIPTURE:

?For every one who calls upon the name of the Lord will be saved.?

Romans 10:13

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