DRIVING WHILE INTOXICATED CASE EXAMPLE
DWI/ALS Victory
April 5, 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 Division of Motor Vehicles
Please note-this is an example
of the result of a recent
BASIC FACTS: This citizen was stopped for speeding on the F.E. Everett
Turnpike. The trooper approached the
driver’s window and noticed four young males in the car. The trooper smelled the odor of alcohol and
began questioning the driver with questions about drinking. After the initial questions and answers, the
trooper asked the driver to do a series of balancing tricks known as “DWI field
sobriety tests”. The driver did a great
job on all three of these maneuvers, but the trooper arrested him any way and
charged him with driving under the influence “DWI”. The trooper
also took the driver’s license away and gave him a temporary license when the
driver refused to blow into the breath testing hose at the police station.
This driver contacted
HEARING PROCEDURE: Attorney
Stevens requested a hearing for this driver at the
After taking the case under advisement,
the Hearings Examiner ruled that there were insufficient “reasonable grounds”
of intoxication to sustain the administrative license suspension and dismissed
the suspension action. The citizen’s
right to drive was restored.
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:
Set a guard over my mouth, O LORD; keep watch over the
door of my lips.
Psalm 141:3
JaGr N DC ROHE
- 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.
- Your telephone number and the best time to reach you.
I will call you back at the earliest opportunity. Do NOT include any specifics about your case in a recorded voice message or email. We will discuss that on the phone, and in greater detail in person.
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