3-7-12 1st Circuit- District Division – Berlin
State v. Jason M.
Jason was charged with a DWI 2nd for allegedly operating his vehicle in a parking lot at 2:00 AM in the City of Berlin. The officer never saw the vehicle in motion, but did claim to see exhaust and hear its engine. Jason left his truck and walked past the cruiser and was leaving on foot when the officer ordered him to stop. The officer then ordered Jason to perform standardized field sobriety tests. Jason was alleged to have failed the FST and was placed under arrest for a DWI 2nd. He was facing mandatory jail and a 3 year loss of license.
At trial the basis of the stop was challenged and the order to perform the FSTs. The court granted the suppression of the FST and as a result the case was dismissed. Jason M. was found not guilty of the DWI 2nd.
3-8-12 DMV Order Issued- ALS Hearing
State v. William L.
William L. and Attorney Harden appeared for an ALS on 2-24-12. The arresting trooper and breath test operator also appeared. The trooper testified at length about Williams’s performance on the FSTs, and observations of William. The trooper failed to introduce foundational documents to substantiate a breath test. The DMV requires that a breath test be conducted with a certified machine. The state’s failure means that William’s license suspension was rescinded. He won his ALS hearing by challenging the State’s evidence with the assistance of Attorney Harden.