As a service to their readership, Attorney John Tenn and his colleagues have gathered the following real life DUI/ DWI case examples. Perhaps one of them is very similar to your specific circumstances and can be used as an illustration of how the attorneys at Tenn And Tenn, P.A. can help defend your rights if you’ve been accused of driving under the influence in New Hampshire
“My experience with Attorney John Tenn was one to remember. He’s a hard working, self-motivated individual who gives great care to his client’s needs. He had fantastic communication with me throughout my entire case. I always knew what was going on and when it was going on. He just wasn’t my lawyer, he was my friend, and with impossible odds stacked against me and a great deal of effort on his part, I won my DWI case. I will be forever grateful for all of his hard work and help”
Andrew – North Andover, MA.
This is just one example of the testimonials Attorney John Tenn and his colleagues have garnered in their years of defending those accused of DUI and DWI in New Hampshire. The attorneys at Tenn And Tenn, P.A. firmly believe in defending the rights of those charged with DUI/ DWI crimes and their vast experience has shown them the inherent problems and errors that law enforcement can make in their attempt to keep impaired drivers off of the road. Mistakes are made and the judgment of an officer assuming an individual is intoxicated can be clouded. This is where the knowledge and accumen of Tenn And Tenn, P.A.’s DUI/ DWI defense attorneys comes into play. They know what questions to ask in reviewing the circumstances of your arrest and are adept at mounting a strong, persuasive defense on your behalf.
On November 4, 2008 – Election Day – officers of the Merrimack New Hampshire Police Department stopped the Defendant for speeding. The investigating officer detected an odor of alcohol on our client’s breath and asked him to submit to Standardized Field Sobriety Tests (“SFST”). The officer believed the Defendant was impaired as a result of his consumption of alcohol, and alleged that the Defendant failed the field sobriety tests. The Defendant submitted to a breath test which revealed a result greater than .08%. He was arrested and charged with Driving While Impaired (“DWI”). Attorney Tenn forwarded the second sample of the Defendant’s breath to a toxicologist for his independent review and analysis. The results of that analysis revealed errors with the breath test as administered by the arresting officer. Attorney Tenn challenged the State to its proof at both the Administrative License Suspension Hearing, as well as in trial.
Result: The Defendant won his Administrative License Suspension Hearing and was found Not Guilty after trial! He drove away from the courthouse with no DWI conviction and a feeling of vindication, knowing that he had committed no crime.
Our client was operating her Ford Ranger when she lost control of her vehicle traveling around a sharp curve, causing the vehicle to rollover multiple times before coming to rest on its hood. A number of witnesses called local authorities to report the accident, as well as their observations that our client was traveling at an excessive speed before losing control of her vehicle. The police officer arrived, smelled an obvious “odor of alcohol,” and ordered our client to perform a series of “field sobriety tests.” After attempting to perform these roadside acrobatics, our client was arrested for Driving While Impaired (“DWI”) and transported to the local police station for booking. She was then read her Administrative License Suspension (“ALS”) rights and was requested to submit to a breath test on the Intoxilyzer machine, which she attempted to do five (5) times, without success. Our client was deemed a refusal for not submitting a proper breath sample.
Attorney Tenn was hired to fight her DWI charge. Attorney Tenn filed numerous motions challenging the sufficiency of the State’s evidence. Attorney Tenn also challenged whether the client was appropriately deemed a “refusal” even though she made five (5) attempts to submit a breath sample into the Intoxilyzer machine.
Result: The six (6) month ALS was dismissed, as was her DWI charge.
A Massachusetts resident was vacationing in Laconia, New Hampshire during the Laconia Motorcycle Rally (Bike Week) held annually in June. The driver was operating his Harley Davidson motorcycle when he was stopped for allegedly speeding. The officer alleged that he detected an “obvious odor of alcohol” coming from the driver’s breath, that he had “bloodshot and glassy eyes” and that he appeared “unsteady on his feet.” The officer requested the driver to perform “field sobriety tests,” but the driver exercised his constitutional right not to submit to those roadside gymnastics. The officer grew increasingly agitated with the driver’s refusal to submit to the tests and ultimately arrested the driver charging him with DWI. The officer’s report documented that the driver was extremely “unsteady” on his feet, was “staggering and stumbling” and that he appeared “highly intoxicated.”
The driver contacted Attorney Tenn for help. Ultimately, the Court granted Attorney Tenn’s Motion to Dismiss the DWI charge and the driver was not convicted of any criminal wrongdoing.
Result: The DWI charges were dismissed!
Our client was visiting the State of New Hampshire for his grandchild’s baptism. On the evening prior to his family’s celebration, he was at a local public park, seated on a park bench, after park curfew. He was approached by local police concerning his whereabouts in the park after curfew. The investigating officer asked our client why he smelled of alcohol and our client advised that he had been having a few beers while enjoying the evening scenery in the park. Our client was subjected to a series of “field sobriety tests” which consisted of the Horizontal Gaze Nystagmus Test (“HGN”) the One-Leg Stand Test (“OLS”) and the Walk-And-Turn Test (“WAT”). The officer determined that our client failed all three (3) roadside sobriety tests, and arrested him and charged him with Driving While Impaired (“DWI”) – a Class B Misdemeanor in New Hampshire.
Our client was transported to the local police department where he submitted to a “breath test” on the “Intoxilyzer 5000” machine which revealed a 0.14% blood alcohol content (“BAC”). Our client was released on personal recognizance bail and was given an arraignment date to appear in Court to answer the charge of DWI.
The client contacted Attorney Tenn prior to his scheduled trial date to seek legal assistance to defend against the charge of DWI. Attorney Tenn conducted thorough discovery of the State’s evidence, filed numerous discovery and suppression motions in this matter, and retained the services of a local toxicologist to refute the client’s alleged 0.14% BAC result.
Result: After a hard fought battle with the State, the client was found Not Guilty of DWI!