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State V. Paul B - DUI & DWI - NOT GUILTY
Stopped for speeding, officer smells odor alcohol, heavy set man fails field tests per officer. At trial medical problems and administration problems with tests. Court dismissed case as officer’s testimony was deemed to lack credibility.
State V. Dorothy F. B - NOT GUILTY of all charges and ALS victory
Grafton Superior Court, Littleton District and NH DMV. 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.
State V. Mark H. - DUI & DWI - ALS Suspension Lifted, Client given back license
ALS at NH DMV. Snow machine accident and NH Fish and Game respond to scene. Client is taken to hospital for treatment. 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 license is restored.
State V. Walter B. - DUI & DWI - NOT GUILTY
Grafton County Superior Court. 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. Defense hires Mary McMurray a breath test expert to testify that the chewing tobacco could contaminate the breath test making it unreliable scientifically. Jury finds client not guilty.
State V. Nathan W. - NOT GUILTY on all charges
Coos County Superior Court. A 40 Year old man charged with multiple counts of felony indecent exposure and felonious sexual assault involving an 11 year old. The child and investigating police testified and were crossed. The defense called some brief witnesses. The theory of the case was that the investigation was poorly conducted and the allegations did not occur..
State V. Phyllis B. - DUI & DWI - NOT GUILTY by Judge
Littleton District Division. DWI charge alleging impaired driving with no chemical test. Arresting officer testified and there was a booking video played for the court. The officer was crossed about his performance of the FST and the appearance of Ms. B. in the video.
State V. Chris H. - DUI & DWI - NOT GUILTY by Judge
Littleton District Court Division. DWI charge based on impairment to some degree. Officer testified about FST and operation. Private investigator and fact witnesses testified for defendant.
State V. Jason M. - DUI & DWI - CASE DISMISSED, Not Guilty entered
BERLIN District Court Division. DWI 2nd charged. Facts: Client parked in running truck at 2 AM. Police cruiser pulls near and stops, client and passenger leave truck walk past cruiser and down street. Officer orders them to stop and come back. Officer then orders client to perform FSTs. Suppression issues raised for stop lacking articulable suspicion and to suppress for compelling the FST. Holding: Court grants the suppression of FST but denies on the basis of the initial stop.
State V. Michael O. - DUI & DWI - Driver's License Restored
ALS suspension based on BrAC over .08l. Police appeared by video, over Attorney Harden’s objection. Multiple technical problems occurred during hearing. Issue of proper observation of client during deprivation period arose, inability to address issue resulted in DMV restoring client’s license.
State V. Edward S. - DUI & DWI - NOT GUILTY by Judge
DWI stop based on speed. There was a video of driving, stop and FSTs. Client agreed to a BRAC which was over .08. At trial the BRAC was suppressed and the FSTs were challenged as they were not performed properly according to NHTSA. Judge found client not guilty.
State V. Thomas S. - CRIMINAL DEFENSE - CASE DISMISSED failure to prosecute
Littleton District Court, simple assault domestic violence related. Case dismissed on trial date as state failed to be prepared
State V. Kevin S. - DUI & DWI - NOT GUILTY by Judge
Haverhill District Court Division, DWI with a single car accident hitting a telephone pole. Two police interact with client and conclude he is impaired by alcohol. After cross examination the FSTs are shown to have been compromised and that Mr. S. actually passed more tests than he failed.
State V. Michael S. - CRIMINAL DEFENSE - NOT GUILTY by Jury of Felony, dismissed by Judge of RAD
Coos County Superior Court, client charged with 2nd degree assault and resisting arrest. Two witnesses say client held a firearm to the head of one witness. No firearm was recovered. There were no marks, cuts or bruises on either woman. The witnesses stories differed about where the gun came from where it went and their whereabouts during event. After cross examination. Defense rested and jury found Mr. S not guilty. Earlier the judge had dismissed the resisting arrest charge as state failed to establish that a command for arrest had occurred.
State V. Aaron M. - DUI & DWI - NOT GUILTY by Judge
Lancaster District Court Division, DWI with a blood test of .13. No FSTs. Client arrested due to multiple witnesses claiming impaired including 4 officers. After trial blood test suppressed and judge finds no proof of impairment.
State V. Timothy C. - CRIMINAL DEFENSE - CASE DISMISSED, NOT GUILTY
Conway District Court Division, possession of cannabis, as a class B misdemeanor. Police failed to test substance and failed to have a lab analyst appear for court. Case was dismissed for failure to prosecute after announcing ready for trial.
State V. Vincent F. - CRIMINAL DEFENSE - CASE DISMISSED, NOT GUILTY
Coos County Superior Court, second degree assault charge for hitting a man with a tire iron causing serious bodily injury. Defense of other was noticed to Court. As trial approached, the state nolle prossed the charges. No trial, not guilty entered.
State V. John M. - DMV HEARING - ALS loss of license rescinded and license reinstated
Client charged with Aggravated DWI for producing a test greater than .16. State appears and introduces evidence at ALS hearing but failed to submit a test ticket, or certifying documentation. The case was dismissed for failure to satisfy statutory and administrative requirements.
State V. Vincent B. - CRIMINAL DEFENSE - CASE DISMISSED after probable cause hearing
Littleton District Court Division, wife accuses husband of hitting her, strangling her and pointing a cross bow at her while threatening to kill her. Vincent is charged with 2nd degree assault, felony criminal threatening and simple assault. After crossing trooper the judge dismissed the felony charges finding that the state had not established probable cause that a crime had occurred.
State V. Elizabeth W. - DUI & DWI - NOT GUILTY by Judge
Stopped for speeding and a broken plate light. The officer administered 5 FSTs all deemed failures, observed odor of alcohol, blood shot eyes, flushed face and a PBT of .105. The PBT was excluded from evidence. The officer was cross examined for over 2 hours and the judge found client not guilty. Earlier client had won the DMV hearing so she suffered no loss of license.
State V. Marc C. - DUI & DWI - NOT GUILTY by Judge
Client stopped in road blocking traffic to transfer items from parked car. Trooper smells alcohol, client supposedly admits 3 beers and being too impaired to drive, fails 3 FSTs. Eyewitnesses do not hear any admission and are adamant client is not impaired, client in a sling with broken arm. HGN excluded due to many errors in procedures, balance tests discredited by broken arm and sling.