Case Name:
State v. Mark H.
Court Location:
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
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

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