DRIVING WHILE INTOXICATED CASE EXAMPLE

 CASE VICTORY FEBRUARY 16, 2010
DWI ALS CASE EXAMPLE: 2 YEAR SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED REFUSAL OF A BREATH TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING AT THE DMV

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.

http://www.byebyedwi.blogspot.com

BASIC FACTS: The citizen in this case was stopped for allegedly speeding.  He later received a suspension action notice from the New Hampshire DMV because he allegedly refused to submit to a breath test after being arrested for DWI  The notice said that his driver’s license would be suspended for 2 years because he had a prior chemical test refusal on his driving record.

This driver contacted Attorney Mark Stevens at 603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this suspension.    Attorney Mark Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action.

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 alleged breath test refusals.  The rules that govern administrative license suspension hearings are found at New Hampshire Administrative Rule Saf-C 2800.  After the state presented its case Attorney Stevens cross examined the arresting officer.  In this case the officer refused to answer any questions about anything the driver did correctly.  He would answer every question that he did not like the answer to as follows: “I do not recall”.  He did not recall a single thing the driver did correctly.  He also did not recall what the driver did incorrectly on the one field sobriety tests that he managed to conduct.  After answering “I do not recall” to the point of absurdity, the hearing concluded

The issue in this case was whether there was even enough evidence to sustain an administrative license suspension.  After hearing the scant evidence presented by the state, the hearings examiner rescinded the administrative license suspension in this case.

RESULT:       ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   This citizen’s right to drive was restored immediately.  He did not suffer the 2 year administrative suspension that the state sought to impose on him.

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“Thou shall not bear false witness against thy neighbor;”

Exodus 20:16 (the Eighth Commandment)

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