State v. John M., ALS suspension hearing for a test over .08 was dismissed after the Lisbon police failed to introduce evidence of a breath test pursuant to RSA 265-A:5.  In short the Lisbon police arrested John M. for DWI and Aggravated DWI and alleged at the DMV that he took a breath test which revealed a result greater than .08 BRAC, however, they failed to introduce a valid test, certification of the test or the officer’s qualifications to administer a test.  Attorney Harden was able to have the case dismissed and John M. has his NH driver’s license restored to operate today.

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