Scott Pascoe arraigned in Eastern Hampshire District Court this morning
Amherst first responders scrambled to mid-Main Street early last night for reports of a "car vs pedestrian." Fortunately the cyclist was fine, but Amherst police quickly arrested Scott Pascoe, age 44, for driving under the influence and negligent operation of a motor vehicle.
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In Eastern Hampshire District Court this morning Pascoe had a plea of not guilty entered in his behalf and his case was continued until May 21 so he could hire his own attorney.
Right around the time Pascoe was taking the Breathalyzer at APD headquarters, District Attorney Dave Sullivan announced a moratorium on using breathalyzer results in Court due to a small percentage that seem to be problematic -- most likely due to calibration errors.
I have observed dozens and dozens of DUI 24D disposition plea deals and almost 100% of them had breathalyzer results used for evidence. And I've only observed two DUI jury trials, but in both cases the defendants won and each of them had refused the breathalyzer (a fact that cannot be told to the jury).
The state needs to get to the bottom of this breathalyzer problem -- pronto!
So, what will be presented as evidence in court? The arresting officer's affidavit that they failed the field test? I wonder if an "I was simply quite tired your honor" defense will work. Scary indeed.
ReplyDeleteWell he admitted consuming "two beers."
ReplyDeleteAnd along with the other observations from the officer, it's a pretty strong case even without the breathalyzer.
He wore his best sweatshirt to court.
ReplyDelete