BASIC FACTS: Police responded to a cell phone caller who called into dispatch with a specific vehicle make, model and license plate number.  The police followed the vehicle and stopped the driver on the roadside.  The police approached the driver and smelled a an “obvious odor” of alcohol coming from inside the vehicle (note-this is almost always bolstered as an “obvious” odor, as opposed to, I guess, a “subtle” one).  The driver produced his license and could not find his registration.  The officer interrogated the driver about drinking, and the driver told the officer that he had had two beers several hours earlier in the day.  The officer then ordered the driver out of the vehicle for a battery of sidewalk acrobatics sometimes called “field sobriety tests”.

The driver chose to do the “field sobriety tests”.  He did the “follow the pen test”, the “heel to toe test” and the “one leg stand test”.  Despite the fact that the driver passed two of the three tests he was arrested for DWI anyway!

At the police station the driver refused to blow into the breath testing hose when asked by the police.  He was charged with DWI.  He later received notice from the State of New Hampshire that his license would be suspended for 6 months for refusing to blow into the breath testing hose.  He hired Attorney Stevens to fight both his administrative license suspension (“ALS Suspension”) and his criminal charge.

DEFENSE:    This driver was sober.  Not drunk, not intoxicated, not impaired to the teensiest degree.  Even though he passed the roadside gymnastics tests he was arrested anyway.  This driver ALS suspension was rescinded (thrown out) and a motion to dismiss his DWI charge was granted by the Court.  He did not lose his license at all.  This case, like several others posted late last year, should cause you to seriously consider whether you want to submit to the roadside acrobatic tests, because even if you pass them, which is highly unlikely, you will probably get arrested any way.

RESULT:      DWI CHARGE DISMISSED!!!

Attorney Stevens thanks God for this successful defense!!!

TODAY’S SCRIPTURE:

“For this finds favor, if for the sake of conscience toward God a person bears up under sorrows when suffering unjustly.”  1 Peter 2:20.

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