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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 117392
Experience:  Attorney with over 24 years of law and traffic law
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I got pulled over in new Hampshire by 3 cops

Customer Question

I got pulled over for speeding in new Hampshire by 3 cops local town of gillford I was riding with a friend we were doing 65 in a 55 when the cops were coming the other way there was an exit I took it my friend went straight they only followed me off the
ramp I stopped @ the stop sign, had both feet on the ground I was at a full stop , they yelled pull over I did they asked who my friend was that I was riding with now remember its bike week up there , I told them I was alone I didn't know who the other bike
was they smelly liquor on my breath I had only been in town for 3 hours & in that time I had worked until I got there @ 5:00 took a shower , drove to town an hour away , parked bike walked around till 9:00 looking at bikes then went to see a band @ 9:30 left
at 10:30 so the only time I could drink was from 9:30 till we left, then 20 min later I was being pulled over , now here I was alone in anoter state with 3 20 year old cops im 59 I was very respectfull to the cops they took a sobriety test there way , they
said walk a straight line so I proceeded to walk on the white line they said not on the line in the road 2 feet from the line then said I walked crooked ,then asked me to touch a pen with my glasses off & slightly moved it, @ this point I knew by not giving
up my friend & a sgt with a point to prove to 2 rookies I was doomed , next I hired ma lawyer from up there , he got my DUI off my record but I am at a loss of licence for 6 months for not taking breathalyzer , i am in no way a drinker or ever in my life had
even been pulled over for this , now I have a business & employee 9 people & I cant drive & im an installer & sales on the road,& they would not waive this after I signed I would not take a breatherlizer , & I have a plow truck , I also collect toys for homless
kids @ chritmas what do I do now.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were not drinking, then I am at a loss as to why you did not take the breathalyzer test, which is mandatory under NH laws and all state laws called the Implied Consent Laws?
Customer: replied 2 years ago.
I had 3 beers in 1 1/2 hours they pulled me over for speeding I was far from drunk I drink beer with ice in it I was not comfortable with the test based on what I drank
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am sorry to say that pursuant to the implied consent laws, you have a problem. If you were speeding and the officer had probable cause to require a breath test, whether you were drunk or not, the law called "implied consent law" says if you refuse the test you lose your license even if you were not drunk and if the DUI charge was dismissed. So you needed to file for a license revocation hearing with DMV and appeal the suspension and ask for at least a hardship license to allow you to drive for work.
Unfortunately, the law is pretty stringent for the Implied Consent and test refusals, so the DMV has very limited options here and you really should consider getting your attorney to file for the revocation appeal hearing with DMV.