State of New Hampshire v. DL (2008) Keene District Court Docket Number 08-CR-03025
DL was driving on the Cold River Road in Walpole, NH heading towards Alstead, NH. The car behind DL called in a suspected DUI to the Police Department and then proceeded to follow DL all the way to the Alstead general Store and he reported to the police he saw DL step out of his car and then fall down in the parking lot. The tipster did not leave his name, but he did say to the dispatcher that DL was weaving all over the road. The Police Located DL at the grocery store and he was sitting in his car. The police noticed he was injured and they wanted to take him to the hospital. DL said he wanted to be left alone. DL was arrested for suspicion of DUI and DL refused to take a breath test. DL was not asked to take any field sobriety tests. At trial the state could not produce the tipster. Attorney Lynch argued that the Police never saw DL dive the vehicle at all. Attorney Lynch got the arresting police officer to admit he was familiar with Cold River Road and he admitted that Cold River Road is loaded with pot holes. When Attorney Lynch asked the officer if he drove through the pot holes or went around them. The officer testified that he went around them. Attorney Lynch then asked the officer if it was fair to say he "swerved around the pot holes". The officer said "yes that is fair to say"