ADMINISTRATIVE LICENSE SUSPENSION (“ALS”)

 CASE VICTORY OCTOBER 14, 2010
DWI ALS CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .20 RESULT ON A BLOOD TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING

http://www.ByeByeDWI.com

Please note-this is an example of the disposition 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 arrested after he was involved in a one car accident (the car collided with a canoe near the roadside).  He was taken to a hospital where he agreed to submit to a blood test to determine his alcohol concentration.  The citizen received his alleged blood alcohol results from the state of New Hampshire. The documents showed a .20 blood alcohol level.   The citizen also received a suspension action notice from the New Hampshire DMV because his blood alcohol level was allegedly higher than a .08, the so-called “legal limit”.  The notice said that his driver’s license would be suspended for 180 days.

This driver contacted the Law Offices of 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 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 on the driver’s behalf at the Department of Safety.  Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding blood test results.  After the state presented its case and after Attorney Stevens cross examined the arresting officer and the state lab employee who had conducted the blood test, the suspension was dismissed based on the state’s failure to comply with the administrative rules required when a driver elects to submit to blood alcohol testing.  The driver’s administrative license suspension was dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The citizen’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.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And let us not lose heart and grow weary and faint in acting nobly and doing right, for in due time and at the appointed season we shall reap, if we do not loosen and relax our courage and faint. ”

Galatians 6:9

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