A man who tested above the legal limit for intoxication following a fatal crash requested that evidence be suppressed in the case against him. The news has reported that the request has been denied, thanks to the orders of the judge.
The man, 58, has been charged with killing a 61-year-old man who was riding a motorcycle at the time of the collision. The man had been heading to a local meeting and entered the intersection of Stackpole Road and Green Street. There, the 58-year-old man failed to yield, pulling out in front of the motorcyclist.
The motorcyclist struck the side of the man's pickup truck. This threw him from his motorcycle. He died at the scene.
The police reported that the 58-year-old man admitted to drinking and smoking marijuana shortly before the fatal crash. His public defender claimed he hadn't been under the influence at the time of the collision, and he claims the field sobriety test was not administered properly. The test was allegedly given only feet away from emergency medical technicians who were working on the patient, and with all the stress of the surrounding situation, it would not have been unusual for a sober person to fail the tests due to stress or other concerns.
The man faces up to 15 years in prison if the jury finds that he negligently killed a man while under the influence of drugs or alcohol. If it finds that he failed to yield and was not under the influence, he faces a penalty of up to seven years in prison.
If you've been victimized by a drunk driver, it's true that they can seek to have evidence thrown out or suppressed. With the right support, you can work with your attorney to make sure the jury and judge know what happened, even if that evidence isn't allowed in court.
Source: New Hampshire Union Leader, "Motion to suppress evidence in trial for 2015 fatal motorcycle crash denied," Kimberly Haas, Nov. 29, 2016