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 May 12, 2011
DUI Case example: 2 year suspension of right to drive based on an alleged “breath test refusal” -DISMISSED after an administrative license suspension hearing at New Hampshire’s Division of Motor Vehicles Bureau of Hearings

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 on Route 111 after a civilian witness called in her “erratic driving” to the police.  A police officer saw the citizen’s vehicle and identified it by the plate number that the snitch had called in.  The officer stopped the vehicle and approached the window.  The officer smelled the odor of alcohol and began peppering the driver with questions about drinking.  After the initial questions and answers, the officer asked the driver to do a series of balancing acts called “DWI field sobriety tests”.   The driver declined the invitation to perform these balancing acts.   The officer took the driver’s license away and gave her a temporary license when she refused to blow into the breath testing hose at the police station.  Because this driver had a previous DUI on her record the state sought a two-year administrative license suspension for her refusal to submit to a breath test after a DWI arrest.

This driver called Salem, New Hampshire DWI-DUI 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 ALS hearing request that the law and the administrative rules allow regarding DWI breath test refusals.  At the hearing the arresting officer testified and Attorney Stevens cross examined him.

After taking the case under advisement, the Hearings Examiner ruled that there were not sufficient “reasonable grounds” of alcohol impairment 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.  She did not suffer the 2 year license suspension that the state tried to inflict on her.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

For the eyes of the Lord are upon the righteous and his ears are attentive to their prayer.  But the face of the Lord is against those who practice evil.

 

I Peter 3:12

 

 

 

 

 

 

MS P DC 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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