Thursday, February 2, 2012
Plymouth District Division Court heard the evidence on February 2, 2012, where Judge Rappa was presiding. Judge Rappa heard the state’s case which consisted of one police officer, a video of the stop and field sobriety tests. Mr. S. had submitted to a breath test, but due to an error by the State, the test was excluded from evidence.
The police officer was questioned by Attorney Harden about his observations of Mr. S.’s driving, personal contact and the field sobriety tests. Attorney Harden was able to establish that Mr. S. walked normally, talked normally and behaved normally.
After the State rested, Attorney Harden rested and made a motion to dismiss. The issues in this case were really impairment and the failure of the police to properly perform the FST as well as any alternative tests. Attorney Harden was also able to show many signs of sobriety that the officer failed to note in direct or in their reports. In the end, Attorney Harden was able to show that Mr. S. exhibited more clues of sobriety than impairment.
The Judge ruled from the bench immediately upon the defense resting finding Mr. S. not guilty. The State had failed to prove beyond a reasonable doubt that Mr. S. was driving while his ability was impaired.
Mr. S. had earlier won an administrative license suspension hearing. This means that Mr. S. suffered absolutely no loss of license, will not pay any increase in insurance or have to take any classes.