DWI Case 1

Melissa B. was charged with her third DWI offense. She was stopped because she crossed the yellow line twice and the white line once. After the stop, she performed three field sobriety tests: the HGN (also known as the “eye test,”) the walk and turn test, and the one leg stand test. According to the arresting officer, she failed all three. Once taken to the police station and refusing to take a breath test; her license was automatically suspended per New Hampshire DWI laws.

At the DMV hearing on the refusal, I was able to discredit the officer's testimony through cross-examination on the field sobriety tests. Ten days after the hearing, the DMV issued an order dismissing the license suspension, citing that the officer did not have a reasonable basis to order a test. The case proceeded to trial in the District Court. At the conclusion of the State's case, I moved to dismiss because the State had failed to properly provide the foundation for the prior convictions. The Court dismissed the Case as the State had failed to meet its evidentiary burden.

Cases taken from DWI Attorney Russman's website

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