Law Office of Mark Stevens
5 Manor Parkway
Salem, NH 03079
Telephone: (603) 893-0074
Fax: (603) 893-5022
info@attorneymarkstevens.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.

ALS CASE VICTORY MARCH 4, 2008
DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .25 RESULT ON A BLOOD TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING

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Please note-this is an example of the disposition of a recent New Hampshire DWI case. It is by no means a guarantee of any particular result in any other case.

BASIC FACTS: The defendant was arrested for driving while intoxicated (“DWI”).  The driver later agreed to submit to state-sponsored blood testing.  The officer took her to a hospital where medical personnel took 2 vials of the driver’s blood out of her arm with a needle and syringe.

The alleged test results came back a .25, over the so-called “legal limit” of .08.  The state then sought to suspend the driver’s license for 180 days because she cooperated with the police and gave blood when she was asked to do so, and because the alleged result was greater than .08.  The state also charged her with “Aggravated DWI”, a law that causes drivers who cooperate and submit to testing to be subjected to mandatory jail sentences based on their cooperation.  IT IS IMPORTANT TO NOTE THAT IF YOU COOPERATE WITH THE POLICE AND SUBMIT TO BREATH OR BLOOD TESTING THAT ALLEGES A “RESULT” OF .16 OR HIGHER YOUR DWI CHARGES WILL BE ENHANCED AND YOU FACE A MANDATORY JAIL SENTENCE BECAUSE OF YOUR COOPERATION, EVEN IF YOU HAVE A PERFECTLY CLEAN DRIVING RECORD!!!

The driver then received a letter from the department of safety advising her that her license would be suspended for allegedly failing the blood test.  The driver hired Attorney Stevens to challenge the administrative license suspension at a hearing at the Department of Safety. 

HEARING PROCEDURE:            Attorney Stevens requested a hearing on the driver’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the law and the rules allow regarding the blood test.  After the state presented its case, including a police officer and a state lab scientist, Attorney Stevens’ moved to dismiss the administrative license suspension in this case.  The driver’s administrative license suspension was subsequently dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The driver’s right to drive pending trial was restored immediately.  She did not suffer the 180 day administrative suspension that the state sought to impose on her.

Attorney Stevens thanks God for this successful defense!!!

 

TODAY’S SCRIPTURE:

“For what the Law could not do, weak as it was through the flesh, God did: sending His own Son in the likeness of sinful flesh and as an offering for sin, He condemned sin in the flesh, so that the requirement of the Law might be fulfilled in us, who do not walk according to the flesh but according to the Spirit.”

ROMANS 8:3-4

 





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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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