Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@byebyedwi.com 		Admitted in all state and federal courts in New Hampshire and Massachusetts. Representing clients in criminal defense matters, including narcotics charges, drunk driving charges, Driving While Intoxicated (DWI), Operating Under the Influence (OUI), and Driving Under the Influence (DUI). Representation of clients at Department of Motor Vehicles (NH) and Registry of Motor Vehicles (MA) hearings and appeals.

DRIVING WHILE INTOXICATED CASE EXAMPLE

 DWI/ALS Victory April 1, 2011
DUI Case example: 180 day suspension of right to drive based on an alleged “breath test refusal” -DISMISSED after a motion to dismiss granted by the New Hampshire Division of Motor Vehicles

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: This citizen was stopped for speeding on Interstate 93 near the Hooksett tolls.  The officer smelled the odor of alcohol and began peppering the driver with questions about drinking.  After getting the driver to give some incriminating responses, the officer asked the driver to do the set of sidewalk circus tricks called “DWI field sobriety tests”.   The driver did a fairly good job on all three of these maneuvers, but the officer arrested him any way and charged him with driving under the influence of alcohol “DWI” and gave him a summons to appear in the District Court.  The officer also took the driver’s license away and gave him a temporary license when the driver refused to blow into the breath testing gizmo. 

Immediately after posting bail this citizen contacted Salem, New Hampshire DWI defense lawyer Mark Stevens at 1-603-893-0074 within the thirty day time period in which a DMV 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.  The officer defaulted on the hearing and the DMV hearings examiner issued a “10 day letter” to allow the officer to show “good cause” why he failed to appear.  The officer responded and explained that he had to miss the hearing due to a training course at the New Hampshire police Academy.  Attorney Stevens filed an objection to the officer’s response, in which he argued that the officer’s response did not fall within the criteria specified in New Hampshire Administrative Rule Saf-C 203.22.

After reviewing the arguments filed by both parties, the Hearings Examiner granted Attorney Stevens’ motion to dismiss and this citizen got his right to drive back.

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

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“And this stone which I have set up as a pillar shall be God’s house, and of all the increase of possessions that You give me I will give the tenth to You.”

 

Genesis 28:22

 

 

MiMar 4/2011 ROHE


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Information in this column should not be construed as legal advice and does not constitute an engagement of the Mark Stevens Law Office, nor any attorney associated with the Mark Stevens Law Office. The information contained herein is of a general nature and may not apply to any particular set of facts and circumstances. Please bear in mind that laws change frequently. We will make an effort to update the information on a regular basis, but are under no obligation to do so. No part of this document, nor any information contained in this website, may be disseminated without this paragraph. This may be considered legal advertising.

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