ALS Victory on Snow Machine

Case Name:

State v. Mark H.

Court Location:

NH Depart of  Motor Vehicle (DMV),  Department of Safety (DOS) Department of Hearings. 

Description:

DWI/ criminal law.

Administrative License Suspension (ALS) hearing at NH DMV. 

Snow machine involved in an accident and NH Fish and Game respond to scene.  Client is taken to hospital for treatment.  Fish and Game officer goes to hospital after investigation at the scene.  Client admits to operating ski-do and drinking before and after the accident.  Officer does not note slurred speech, odor of alcohol or any signs of impairment.  Client is also on IV with medications for pain management.

Client is alleged to have been drinking and refused a chemical test.

After a hearing at the DMV the hearings examiner finds that the state did not meet its burden to prove that client had been drinking at the time of the accident by even a preponderance of the evidence.

Client's wins and his license is restored.

Summary of Outcome:

ALS suspension is lift, license restored.

Date:

February 1, 2013

Type of Case:

DWI/ Criminal law/ Administrative hearing

Aggravated DWI BRAC .18 Not Guilty

Case Name:

State v. Walter B.

Court Location:

Grafton County Superior Court. 

Description:

Grafton County Superior Court charge of aggravated DWI with a breath test of 0.18 BRAC.  Client stopped for speeding, arresting officer claims he fails field sobriety tests and arrests.  Client agrees to take breath test.  Result of breath test on Intoxilyzer 5000 EN is a 0.18 Breath alcohol reading.

Client has chewing tobacco in his mouth at time of stop and drank while chewing tobacco was in his mouth.  There is a video that shows client attempting to remove the chew from his mouth at the time of the stop and during the 20 minute observation.  Police do restart the 20 minute observation but do not allow or ask him to rinse and clean out mouth.

Defense hires Mary McMurray a breath test expert from Wisconsin to testify that the chewing tobacco could contaminate the breath test making it unreliable scientifically.  Mary McMurray explains how chewing tobacco can contaminate the breath test and create a false positive reading.

State’s expert is Matthew Howe who opines that the chewing tobacco would not cause there to be any contamination or elevation of the breath reading.  Mr. Howe is cross examined vigorously and confronted with a learned treatise and concedes that he has never done any experiment involving a dosed subject and mouth contamination.

Jury finds client not guilty.

Summary of Outcome:

Not guilty of aggravated DWI.

Date:

February 6, 2013

Type of Case:

DWI/ criminal law.

Complete Victory, all charges not guilty and ALS win!

Case Name:

State v. Dorothy F.

Court Location:

Grafton County Superior Court, Littleton District Division and NH DMV.

Description:

Client initially charged with a DWI, and ALS refusal then disorderly conduct and reckless conduct.  We won the ALS as state was unable to prove impairment at time of driving.  The State then dropped the DWI and misdemeanor charges due to imminent failure in District Court. 

State threatened to bring felony reckless conduct if client refused to plead to a misdemeanor.  Client did refuse as she was looking at graduate school.  State obtained a felony reckless conduct indictment.

A Grafton County jury heard this case on February 13, 2013 and returned a not guilty verdict.

Facts were that a vehicle was found in middle of Route 142 with no hazards on at about 2:30 AM.  Client was located at her apartment about 4:30 AM.

Summary of Outcome:

Not guilty of all charges and ALS victory

Date:

February 13, 2013

Type of Case:

Criminal Law, DWI and Administrative License Suspension.