A Junior High School Principal was able to avoid a DUI charge by pleading guilty to negligent driving just before he was scheduled to go to court, as reported by Sea Coast Online.
It had been alleged that on November 21, 2012, Stratham resident C.P., 46, crashed his 2011 Hyundai on the on-ramp of the Spaulding Turnpike while driving under the influence.
By pleading guilty to the lesser violation-level charge, C.P. faces a $310 fine and will not loose his driving privileges.
C.P.'s attorney Sven Wiberg, of Portsmouth, commented, "What I can say on behalf of my client is that the state decided there was no basis to go forward with the prosecution of the original charge and…they dropped it."
Under the charge of negligent driving, C.P. admit to putting the public in danger. The N.H. Department of Safety's Bureau of Hearings report, compiled after C.P.'s automatic suspension hearing on January 2, showed that C.P. admitted to police investigators that he had only swerved to avoid a collision with another vehicle. The sudden move caused C.P.'s vehicle to plow head-on into a guardrail.
At the scene a state trooper reported that he detected "an odor of alcohol" on C.P.'s breath and that C.P. "spoke with slurred speech and his eyes were red and watery."
The trooper further noted that C.P. failed to maintain his balance and admitted to consuming one beer prior to driving. C.P. then "declined to perform any field sobriety tests or submit to a preliminary breath test."
C.P.'s wife testified on January 2 that though the trooper noted that C.P. didn't suffer with any injuries, nor did he request medical attention, she knew her husband had been hurt. According to the report C.P.'s wife testified, "There was a red spot on his forehead which was not initially visible due to the cap he was wearing on his head. His eyes were swollen and red and he was visibly shaking. She never detected any odor of alcohol on his person."
C.P. did end up going to the hospital after the accident to be checked over. He was diagnosed with a concussion and an injury related to being struck by his air bag. The report listed his injuries as: abrasion under his eyes, tenderness on his temple, chemical burns, chest pain, arm pain and bruising.
At the hearing to temporarily revoke C.P.'s license Wiberg argued that his client's concussion injury had caused the state trooper to believe that he had been driving while intoxicated.
The hearing examiner, upholding the decision to suspend C.P.'s driving privileges, concluded that the troopers "acted reasonably in determining that the respondent had caused a crash and appeared to be impaired by alcohol."
Wiberg continued to argue that C.P. "was not driving while impaired" when he spoke with reporters after the hearing.
C.P. had not been placed on leave while waiting for the case to be heard, according to Wiberg, and both he and his client "think the outcome is appropriate and fair."
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