Criminal Law Questions? Ask a Criminal Lawyer.
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All that was done was wrote what is on the form, and I don't think the answer is correct.
I am sorry that you feel this way, as the law I posted above is not something I wrote, but was written by the state of NH. You are saying that violation/misdemeanor was written on the form, the law above was given to you to show that the law DOES NOT specify only misdemeanors and while you may believe the answer is wrong, I assure you that as you proceed through the process you will find out that it is you who is wrongly interpreting the form and you are ignoring the law itself because you want to benefit your situation.However, there are some means to fight this implied consent statute, which is not what you asked other than you want to fight it over the wording on the form about violations/misdemeanors, which is not the proper dispute. You can fight the implied consent statute if you can prove that the officer never had any reasonable suspicion/probable cause to make you take the test in the first place. This means that you have to show that based on the officer's observations prior to him ordering you to take the test that there was no evidence to give a reasonable person grounds to believe you were intoxicated. This means things like you refused to take the field sobriety test, you were not falling down drunk or slurring your speech and you simply were not observed by the officer doing anything that would allow him to testify you were acting in an intoxicated manner. This is how you legally challenge the implied consent law, not by arguing words on the form that are NOT in the actual law, since the words on the form are not what matters to the court, it is the actual wording of the statute that matters.
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