Not Guilty Verdict NH DWI

Police stop driver in gas station convenience store parking lot after observing him pull into lot without headlights. Driver explains he and his passenger had just dug his car out of snowbank and they were returning shovel to store. Driver admits to having a beer earlier when officer asks about the odor of alcohol. Police also note driver’s eyes are glassy/bloodshot. Police make arrest following field sobriety tests. Post arrest .15 breath test is excluded as evidence because booking video clearly shows breath test operator did not comply with requirement of 20 minute observation of driver before test. Defense utilizes arresting officer’s body camera video to cross exam officer on driver’s performance and the conditions of the test, including cold temperature and fact that driver is standing in wet socks wearing sandals. Not Guilty verdict following trial. MA resident avoids reciprocity under Melanie’s Law.

29 years of Proven Results.

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