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.

ADMINISTRATIVE LICENSE SUSPENSION VICTORY

SEPTEMBER 20, 2007


DWI CASE EXAMPLE: 180 DAY SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .11 RESULT ON A BREATH TEST

Sponsored by ByeByeDWI.com

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 police stopped a driver for a traffic infraction.  After the usual goulash of roadside gymnastics and observations, the police arrested the driver for DWI.  The police brought the driver to a police station where the driver agreed to put his license at risk by taking a breath test.  The alleged result of the breath test was .11.

The defendant elected to hire 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 defendant’s behalf at the Department of Safety.  Attorney Stevens challenged everything that the law and the rules allow regarding the breath test.  At the hearing, the state testified that one officer completed part of the administrative license suspension process and a second completed the process and filed the suspension action.  Attorney Stevens objected to this and moved to dismiss.  After a hearing at the Department of Safety regarding the 180 breath test suspension, the hearings examiner agreed with Attorney Stevens’ objections and dismissed the administrative license suspension.

RESULT:       DISMISSED!!!   The defendant’s right to drive pending trial was restored immediately. 

Attorney Stevens thanks God for this successful defense!!!





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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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