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 June 14, 2011
DUI Case example: 180 Day suspension of right to drive based on an alleged “.11 Breath Test” result -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 in the parking lot of a campground after a police officer saw an expired registration on the citizen’s car.  The officer approached the citizen smelled the odor of alcohol and began peppering the driver with questions about drinking.  After the initial interrogation, the officer asked the driver to do a series of balancing acts called “field sobriety tests”.  These occur just before the police arrest a driver for DWI.   The driver did the balancing tricks, and did fairly well on them, but got arrested any way for DWI.   The officer took the citizen back to the police station, where he agreed to take a “breath test”.  The alleged result of this test was a .11 breath alcohol concentration.  The officer then took this citizen’s driver’s license away and gave him a temporary pink paper license.  Even though this citizen had a clean driving record, no prior DWI arrests, and fully cooperated with the police, the state sought a 180 day administrative license suspension for his alleged breath test result 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.  He challenged everything that the New Hampshire laws and administrative rules on breath testing allow.

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 and the officer who administered the breath test both testified and Attorney Stevens cross examined them.

After taking the case under advisement, the Hearings Examiner dismissed the administrative license suspension and dismissed the suspension action, because the state did not fulfill its requirements to sustain the administrative license suspension.  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 license suspension that the state tried to inflict on him.

Attorney Stevens thanks God for this successful defense:

TODAY’S SCRIPTURE:

Jesus Christ is the same, yesterday, today and forever.

 

Hebrews 13:8

 

 

 

 

 

 

WG CaDC 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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