NH Driving While Intoxicated Case Example

CASE VICTORY November 1, 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: A civilian witness was driving home when she saw a car that had come to a rest on top of a cement electrical junction box. The driver was sleeping behind the wheel with his door open. The music from the car was loud, and the driver was tapping his foot to the beat with one foot on the ground outside his car. A large portion of Chinese food adorned the drivers chest area.

The witness called the police who responded to the scene. After brief, terse interaction with the driver, he was arrested and charged with driving while intoxicated, also known as DWI, DUI or OUI. During a pat frisk of the driver the police also found a dugout with marijuana resin in the bowl.

On the way to the station the driver advised the arresting officer that he was a pretty good fighter. Once at the station the driver emphatically 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 drivers license would be suspended for 180 days for the refusal.

This driver contacted New Hampshire DWI defense lawyer Mark Stevens at 1-603-893-0074 within the 30 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 was on a public way. The hearings examiner ultimately ruled that the state had not proved that the driver had operated on a public way.

RESULT: ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!! This citizens 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!!!

TODAYS SCRIPTURE:

For to us a Child is born; to us a Son is given; and the government shall be upon His shoulder, and His name shall be called Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace.

Isaiah 9:6.

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