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

ADMINISTRATIVE LICENSE SUSPENSION FOR REFUSING TO BLOW INTO BREATH TEST BOX REVERSED AND DISMISSED!!!

WEEK OF DECEMBER 14, 2007


DWI CASE EXAMPLE: CLIENT ARRESTED FOR DWI THEN SUBMITS TO A BLOOD TEST REVEALING AN ALLEGED BLOOD ALCOHOL CONCENTRATION OF .03.  THE STATE SOUGHT A 180 DAY SUSPENSION OF HIS RIGHT TO DRIVE BECAUSE THE DRIVER COOPERATED AND GAVE THEM A BLOOD TEST.  READ ON TO SEE WHAT HAPPENED…

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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 police stopped a driver based on speeding.  After the stop, the driver was polite, courteous and cooperative.  The officer smelled an odor of alcohol in the car, but the driver was not alone in the car at the time.  The officer interrogated the driver about drinking and the driver admitted that he had consumed a small amount of alcohol earlier in the day.  The officer then directed the driver to get out of his car for a battery of field sobriety tests.

The officer conducted three field sobriety tests on the driver.  The driver passed all three tests.  Even though the driver passed every test, the officer arrested him any way.  So, even though the driver cooperated and decided to do these “tests” on the roadside, and even though he passed them all, and even though his speech was clear and his balance was normal, the officer arrested him and charged him with DWI.

The officer took the driver to a local hospital and asked him to submit to a blood test.  The driver agreed, no doubt because he wasn’t drunk.  Unfortunately, the driver was under 21, so his .03 blood reading was over the legislatively created “limit”.  The state then sought to suspend the driver’s right to drive for 180 days based on the blood result, even though the driver wasn’t drunk.

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 alleged refusal to test.  At the hearing, the state testified that the driver passed very field sobriety test and agreed that his speech and balance were completely normal.  Attorney Stevens argued that the police officer did not have reasonable grounds to even ask the driver to take a blood test, and that the state had not provided the necessary foundation for the admissibility of the blood test.  After the hearing, the suspension was dismissed.

RESULT:       ORDER OF SUSPENSION RESCINDED AND ALS SUSPENSION DISMISSED!!!  

 

Attorney Stevens thanks God for this successful defense!!!

 

TODAY’S SCRIPTURE:

“For to us a Child is born, to us a Son is given, and the government shall be on His shoulder, and His name shall be called Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace.”  Isaiah 9:6.

 

 





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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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