DUI: Trooper violated speeder’s expectation of privacy by pursuing past “No Trespassing” signs on private road to where Defendant lived with girlfriend… motion to suppress 7th DUI evidence improperly denied… McMahon reversed. [Read more…]
Marital, sanctions warranted but not to extent imposed
MARITAL: Wife’s failure to timely respond to discovery warranted sanctions but not to the extent of awarding husband virtually all the estate without proper consideration of §202 factors… Cybulski reversed (memorandum). [Read more…]
DUI, rollover, toxicologist testimony via Skype
DUI: Rollover investigation properly ripened into DUI investigation and detention in back of patrol car did not amount to formal arrest requiring Miranda but Crime Lab toxicologist improperly allowed to testify via Skype contrary to Mercier… conviction reversed, remanded for new trial… Swingley/McMahon reversed. [Read more…]
Speeding stop expanded to DUI investigation
DRUGS/DUI: Speeding stop properly expanded to DUI investigation with dog sniff and search warrant which yielded paraphernalia and meth… motions to suppress and dismiss properly denied…. Laird affirmed (IOR I-3(c)). [Read more…]
DUI, 811 days speedy trial, blood draw by EMT at jail
DUI: 811 days speedy trial claim properly denied . . . blood draw by EMT at jail properly upheld. . . J. Brown affirmed. [Read more…]
DUI, Deputy’s credibility as to stop & arrest
DUI: Determination of Deputy’s credibility as to traffic stop and arrest not disturbed on appeal. . . license reinstatement properly denied. . . Boucher affirmed (IOR I-3(c)). [Read more…]
Drugs, “indicators” as particularized suspicion to stop
DRUGS: Series of “indicators” insufficient particularized suspicion to extend stop for expired registration into drug investigation. . . conviction reversed. . . Laird reversed. [Read more…]
Parenting plan, modification, 14-year-old child
PARENTING PLAN: Child turning 15 and children’s desire to live with mother insufficient changed circumstances to warrant modification hearing in light of 2013 litigation… Bowen/J. Brown affirmed. [Read more…]
DUI, rollover absent driver
DUI: Trooper had “reasonable grounds” to believe absent driver had been DUI at time of rollover… McKeon affirmed (IOR I-3(c)). [Read more…]
DUI, blood draw, “cleansed and disinfected”
DUI: RN’s testimony that she prepared blood draw site with Betadine satisfied ARM even though she did not expressly use words “thoroughly cleansed and disinfected”… McKeon affirmed (IOR I-3(c)). [Read more…]