DRIVING WHILE INTOXICATED CASE EXAMPLE

 DWI/ALS Victory February 28, 2011
DUI Case example: 180 day suspension of right to drive based on an alleged “breath test refusal” -DISMISSED after an “administrative license suspension hearing” at the New Hampshire 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.

http://www.byebyedwi.blogspot.com

BASIC FACTS: The driver in this case allegedly drove off the road into a snow bank.  He was trying to get his car out of the snow bank when the police arrived.  The arresting officer arrived and questioned the driver, asking him questions about drinking and driving.  After getting the driver to give some incriminating responses, the officer asked the driver to do a set of balancing tricks called “DWI field sobriety tests”.   The driver “failed” the field sobriety tests, as most citizens do. The officer then arrested the driver and charged him with DWI.

After his arrest this citizen decided not to give any evidence by refusing to submit to a blood test. 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 lengthy suspension.    Attorney Stevens filed a hearing request with the New Hampshire Department of Safety (“DMV”) to challenge the 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.  The rules that govern administrative license suspension hearings are found at N.H. Admin. Rule Saf-C 2800.  After the state presented its case Attorney Stevens cross examined the arresting officer.  After the hearing was finished, the DMV issued an order dismissing this suspension action because the state failed to establish “reasonable grounds for the arrest” in this case.

RESULT:       ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   This citizen’s right to drive was restored.  He did not suffer the 180 day administrative suspension that the state tried to impose on him.

 

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For I know the thoughts and plans that I have for you, says the Lord, thoughts and plans for welfare and peace and not for evil, to give you hope in the final outcome.”

 

Jeremiah 29:11

 

 

 

TF 2/28/11

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• Date of any alleged offense you have been charged with.
• The court in which you have been told to appear.
• The date and time you have been told to appear.
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