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

State’s Appeal of Administrative License Suspension Thrown Out

 DWI/ALS Victory April 11, 2011
DUI Case example: 180 day suspension of right to drive based on an alleged breath test result of .16 -DISMISSED after an administrative license suspension hearing and the state’s appeal for Director’s Review at the New Hampshire Division of Motor Vehicles Bureau of Hearings

Attorney Mark Stevens

Salem, NH

1-603-893-0074

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 came to the attention of the police after they received a call regarding an accident in Concord.  When the police arrived to investigate, they saw a car in a parking lot with its lights on.  An adult female was behind the wheel.  As the officers crossed the parking lot they saw that the car was running.  The operator was wearing night clothes.  The officers approached her and asked her questions about driving, then about drinking.  As all this occurred, there was snow falling in the area and snow had collected on the ground in the parking lot.

The officers guided the citizen to another part of the parking lot under a light to run her through a gauntlet of field sobriety tests.  After the parking lot acrobatics were completed the police arrested this citizen and charged her with “driving under the influence of alcohol” (“DUI” or “DWI”).    At the police station, the citizen elected to blow into the breath testing hose.  The machine said her breath test result was a .16 breath alcohol concentration.  She was then charged with “aggravated DWI” based on the high breath test reading.  Two weeks later she received a letter from the DMV stating that she would lose her license for 180 days based on the breath test reading.

This driver contacted Salem, New Hampshire DUI-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 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 driver 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 New Hampshire DWI breath tests.  Two officers testified and Attorney Stevens cross examined both of them.

After taking the case under advisement, the Hearings Examiner ruled that the state had failed to present sufficient evidence to sustain the administrative license suspension and dismissed the suspension action.  The citizen’s right to drive was restored.

After receiving the result, the state appealed for “Director’s Review”, complaining that the ALS suspension should have been sustained.  The Director rejected their argument shortly after receiving it, and affirmed the hearings examiner’s decision to throw out this suspension.

RESULT:       ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   This citizen’s right to drive was restored.  She 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:

“But Jesus looked at them and said: With men this is impossible, but all things are possible with God.”

 

Matthew 19:26

 

 

 

 

 

 

TH CoDC 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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