ADMINISTRATIVE LICENSE SUSPENSION (“ALS”)

 CASE VICTORY JULY 15, 2009
DWI ALS CASE EXAMPLE: 2 YEAR SUSPENSION OF RIGHT TO DRIVE BASED ON AN ALLEGED .19 RESULT ON A BREATH TEST-DISMISSED AFTER ADMINISTRATIVE LICENSE SUSPENSION HEARING

http://www.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.

http://www.byebyedwi.blogspot.com

BASIC FACTS: The driver in this case was arrested after he was stopped for speeding.  A police officer made the usual police observations from the government-sponsored DWI arrest manuals: bloodshot and glassy eyes, “a distinct odor of alcohol”, and an admission of drinking alcohol.  The officer also asked the driver to perform the series of circus monkey tricks known as “field sobriety tests”.  The driver chose to agree to play the lead in this predictable roadside ritual.

The driver allegedly “failed” the usual three sidewalk maneuvers: the “follow the pen” or “horizontal gaze nystagmus” (“HGN”) exercise, the “nine step walk and turn test” (sometimes called the “heel to toe test”), and the “one leg stand test”.  After the one-leg stand ordeal was over, the officer arrested the citizen and charged him with “driving while intoxicated”, commonly known as “DWI”, and alternatively called “DUI” or “OUI”.

The citizen was handcuffed, put in the back of a police cruiser, and driven to a police station.    Inside the station, the officer asked the citizen to blow into a black hose to give a “breath sample”.  This driver chose to give the state “evidence” against himself and he blew into the black hose twice.  The breath test was not captured on video tape. 

The old gray breath testing box at the police station said the driver’s “breath alcohol concentration” was .19 on his first blow and .20 on his second blow.  Because he blew over a .08, the driver received a suspension notice that his driver’s license would be suspended for two years.

This driver contacted the Law Offices of 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.

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 breath test.  After the state presented its case, Attorney Stevens moved to dismiss this suspension.  Attorney Stevens’ motion to dismiss the suspension was granted based on the state’s failure to comply with the administrative rules required when a driver elects to blow into the breath testing hose.  The driver’s administrative license suspension was dismissed after the hearing.

RESULT:      ADMINISTRATIVE LICENSE SUSPENSION DISMISSED!!!   The driver’s right to drive pending trial 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:

“so then let us not sleep as others do, but let us be alert and sober. 

For those who sleep do their sleeping at night, and those who get drunk get drunk at night.

But since we are of the day, let us be sober; having put on the breastplate of faith and love, and as a helmet, the hope of salvation.

For God has not destined us for wrath, but for obtaining salvation through our Lord Jesus Christ,

Who died for us, so that whether we are awake or asleep, we will live together with Him.”

1 Thessalonians 5:6-10

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