DWI Case | Controlled Drug

State v. CP, (Merrimack County-November 2009):

We represented a 20-year-old accused of Driving While Under the Influence of Alcohol, Driving Under the Influence of a Controlled Drug, and Driving Under the Influence of Alcohol and Controlled Drugs brought as alternate theories. CP had allegedly performed poorly on FSTs after being stopped for a headlight out. Because CP was under the age of 21, he faced a mandatory minimum one year court-imposed LOL, coupled with a 6-month Administrative LOL because he had allegedly refused to take a breath test. The State refused to drop the charge to a Reckless Operation and insisted on a guilty plea to the under 21-year-old mandatory minimums and agreed not to bring forward a 6-month suspended jail sentence that was hanging over CP’s head as a result of a previous, unrelated conviction. On advice of counsel, CP rejected the State’s offer. A trial ensued. 

Result: Not Guilty