T. H. F. v. Director, New Hampshire DMV

Mark L. Stevens

Case Conclusion Date:February 28, 2011

Practice Area:DUI / DWI

Outcome:Administrative License Supension Dismissed

Description:The driver in this case allegedly drove off the road into a snow bank. He was trying to get his car out of the snow bank when the police arrived. The arresting officer arrived and questioned the driver, asking him questions about drinking and driving. After getting the driver to give some incriminating responses, the officer asked the driver to do a set of balancing tricks called “DWI field sobriety tests”. The driver “failed” the field sobriety tests, as most citizens do. The officer then arrested the driver and charged him with DWI. After his arrest this citizen decided not to give any evidence by refusing to submit to a blood test. Attorney Stevens challenged the administrative license suspension. Attorney Stevens requested a hearing for this citizen at the New Hampshire DMV Bureau of Hearings in Concord. Attorney Stevens challenged everything in his hearing request that the law and the rules allow regarding DWI blood test refusals. After the state presented its case Attorney Stevens cross examined the arresting officer. After the hearing was finished, the DMV issued an order dismissing this suspension action because the state failed to establish “reasonable grounds for the DWI arrest”.

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