Driving While Intoxicated Case Example

CASE VICTORY October 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 “swerving within his lane”, “crossing the white fog line”, then “crossing the yellow double center line”, a common trilogy of transgressions in police reports in DUI cases.  He was stopped, interrogated about drinking and asked to get out of his car.  The officer asked him to perform a series of sidewalk acrobatics known as “DWI field sobriety tests”.   He told him to perform the “follow-the-pen test”, which police call the “horizontal gaze nystagmus” or “HGN” test.  He scored a six 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 of alcohol so 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 the driver actually refused to blow into the breath testing hose.  The driver was nearsighted and was reluctant to review the implied consent form with the arresting officer.  The officer lost patience and decided the driver was out of time to make up his mind as to whether to blow or not.  After the hearing, 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:

“But they who wait for the Lord shall renew their strength;
they shall mount up with wings like eagles;
they shall run and not be weary;
they shall walk and not faint.

Isaiah 40:31

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