State v. Mark H.
NH Depart of Motor Vehicle (DMV), Department of Safety (DOS) Department of Hearings.
DWI/ criminal law.
Administrative License Suspension (ALS) hearing at NH DMV.
Snow machine involved in an accident and NH Fish and Game respond to scene. Client is taken to hospital for treatment. Fish and Game officer goes to hospital after investigation at the scene. Client admits to operating ski-do and drinking before and after the accident. Officer does not note slurred speech, odor of alcohol or any signs of impairment. Client is also on IV with medications for pain management.
Client is alleged to have been drinking and refused a chemical test.
After a hearing at the DMV the hearings examiner finds that the state did not meet its burden to prove that client had been drinking at the time of the accident by even a preponderance of the evidence.
Client's wins and his license is restored.
Summary of Outcome:
ALS suspension is lift, license restored.
February 1, 2013
Type of Case:
DWI/ Criminal law/ Administrative hearing