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.
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