NH Driving While Intoxicated Case Example

New Hampshire DWI Laws.  Call Attorney Mark Stevens 1-603-893-0074 for a free consultation today.

 CASE VICTORY December 6, 2010
DWI ALS CASE EXAMPLE: 180 day suspension of right to drive based on an alleged refusal to take a breath test-Dismissed by 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 saw a man dump his motorcycle while making a turn.  The operator got up and asked the civilian witness not to bother calling any one, as he was not injured and would just drive away.  The civilian witness called the cops any way.

When the police arrived they attempted to run the driver through the predictable gauntlet of “field sobriety tests”.  He politely declined the invitation and the cops arrested him any way. 

Once at the station, the operator asked the officer what effect his decision to blow into the breath hose, or to refuse to blow into the breath hose, would have on his commercial driver’s license (“CDL” license).  The officer could not answer the citizen’s questions and he declined to blow accordingly.

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.  The driver then received a notice of suspension from the Massachusetts Registry of Motor Vehicles as well.

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.

Administrative license suspension 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.  At issue in this case was a violation of the law that governs administrative license suspension hearings: 265-A:31  Administrative Review and Hearings.  Attorney Stevens moved to dismiss this suspension based on this technical violation of New Hampshire DWI administrative license suspension law.  The motion was granted and the suspension was rescinded against this citizen.

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.

New Hampshire DWI Laws.  Call Attorney Mark Stevens 1-603-893-0074 for a free consultation today.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For the Lamb Who is in the midst of the throne will be their Shepherd, and He will guide them to the springs of the waters of life; and God will wipe away every tear from their eyes.”

Revelations 7:17.

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