DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY JULY 26, 2010
DWI ALS CASE EXAMPLE: 180 day suspension of right to drive based on an alleged refusal to take a breath test-Dismissed after an administrative license suspension hearing at the New Hampshire Division of Motor Vehicles (?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.

BASIC FACTS: The citizen in this case was stopped for allegedly ?driving with his high beams on?.  He was stopped, interrogated about drinking and asked to get out of his car.  The officer asked him to perform the roadside gymnastics known as ?DWI field sobriety tests?.   He told him to perform the ?magic pen test?, which police call the ?horizontal gaze nystagmus? or ?HGN? test.  He scored a four out of six on the pen test.  He then had the driver do a ?walk and turn test? and a ?one leg stand test?.  The driver allegedly ?failed? these tests.  The officer?s conclusion of course, after the entire series of sidewalk acrobatics, was that the citizen was under the influence and the officer arrested him.

At the station he declined to blow into the police breath testing hose.  The citizen later received a suspension action notice from the New Hampshire DMV because he allegedly refused to submit to a ?breath test? test after being arrested for DWI.  The notice said that his driver?s license would be suspended for 180 days for the refusal.

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 based on the officer?s conclusion that this driver was impaired by anything.  After hearing the broth-like evidence of ?alleged impairment? 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.  He did not suffer the 180 day administrative license suspension that the state sought to impose on him.

Attorney Stevens thanks God for this successful defense!!!

TODAY?S SCRIPTURE:

?And it is written, He scatters abroad.  He gives to the poor; his deeds of justice and goodness and kindness and benevolence will go on and endure forever!?

II Corinthians 9:9.

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