DB v. Director, DMV

Mark L. Stevens

Case Conclusion Date:January 7, 2011

Practice Area:DUI / DWI

Outcome:Administrative License Suspension Dismissed

Description:The driver in this case was stopped for allegedly speeding, going only a few miles per hour over the speed limit. After the arresting officer asked him to get out of his car, this driver agreed to be subjected to a series of roadside gymnastics known as “DWI field sobriety tests”. At the station he agreed to provide evidence against himself by blowinjg into the old rubber breath test hose at the police station. The “result” from the breath hose was a .10, slightly higher than the .08 “per se” level under New Hampshire’s DWI laws. The driver later received a suspension notice letter from the New Hampshire DMV because of the alleged breath test results. The notice said that his driver’s license would be suspended for 180 days for cooperating with the police and blowing into the breath testing hose. This driver contacted Attorney Mark Stevens at 1-603-893-0074 within the thirty day time period in which a hearing can be requested to challenge this lengthy suspension. Attorney Stevens filed a hearing request with the Department of Safety in Concord to challenge the administrative license suspension action. At the hearing, the state did not prove that it complied with New Hampshire's administrative rules on breath testing, which are found in the Department of Safety Administrative rules. The citizen's suspension was dismissed and he was driving by the end of the date of the hearing.

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