Driver stopped by police and arrested for DWI following routine investigation at roadside including admission to drinking and field sobriety tests. Post arrest booking procedure includes breath testing sequence where Police Officer deems client a “refusal” for his failure to properly follow directions and submit a valid sample. Breath test operator claims client was not blowing hard enough and machine was indicating “insufficient sample.” Actual breath test ticket discloses machine error message for “RFI Detected.” Radio Frequency Interference was cause of machine’s failure to register breath result, not the manner in which the client submitted his breath sample. ALS based on alleged refusal of breath test vacated, driver’s license restored.
Category: DUI Case Results
NH Possession of Controlled Substance Charge Dismissed
Client riding as passenger in pick up truck stopped by police for alleged “loud muffler” on Route 95 off ramp. Police Officer checks licenses and registration but doesn’t issue ticket, instead calls for back up, removes young men from truck and pats them down for weapons. After finding contraband on client, Trooper asks for consent to search vehicle and he finds two (2) ounces of marijuana. Defense wins Motion to Suppress. Court agrees that the prolonged detention at roadside and subsequent searches are illegal as beyond scope of any legitimate stop for issuing ticket.