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State v. Simoneau8/29/2003
In this consolidated appeal, defendant Patrick Simoneau challenges the civil suspension of his motor vehicle license and the judgment entered on his conditional guilty plea to driving under the influence, fourth offense. The parties reserved the following issues for appeal: (1) did the trial court err in denying the initial defense motion to suppress and dismiss for lack of probable cause; (2) did the trial court err in denying defendant's motion to reopen his motion to suppress and dismiss based upon newly discovered evidence; and (3) did the trial court err in denying the defense access to training records of the charging officer as part of discovery? [FN2] We affirm.
FN2. The parties also reserved the following question for appeal: did the trial court err in failing to reopen the civil suspension matter based on fraud and newly discovered evidence? Appellant has not briefed this question, however, and we treat it as abandoned and do not consider it.
2. On September 10, 2000, defendant was arrested for suspicion of driving under the influence. He was charged with driving under the influence, fourth offense, and the State also initiated civil suspension proceedings against him. After being arraigned, defendant moved to suppress the evidence against him and to dismiss the civil suspension proceedings, arguing that *1283 the officers lacked probable cause to arrest him. The trial court held a combined criminal and civil hearing on these motions on December 6, 2000.
3. At the hearing, Burlington Police Officer Daniel Merchand testified that on September 10, 2000, he and Officer Timothy Ahonen were sent to investigate an altercation at a Burlington residence. Upon arriving, the officers spoke with Allen Bouchard who had a cut lip and was intoxicated. Mr. Bouchard told Officer Merchand that he had been hanging out and drinking with friends and had gotten into a scuffle with "Patrick." While talking with Mr. Bouchard, Officer Merchand observed a man wearing plaid shorts and a light colored shirt exit through the back door of the residence. The officers were unable to locate "Patrick" and, finding Mr. Bouchard uncooperative, they departed.
4. While walking to their patrol cars, the officers observed a vehicle without its headlights on, backing into a parking space. Officer Merchand saw the driver, who was wearing a light colored shirt and plaid shorts, exit the vehicle and begin to walk unsteadily towards the residence where the altercation had taken place. Officer Merchand yelled "Patrick," and the individual looked toward him. When defendant was less than twenty-five feet from the back door of the apartment, Officer Ahonen attempted to stop him from reentering the building. When defendant resisted Officer Ahonen's actions, he was placed in handcuffs to allow the officers to "figure out what was going on."
5. While defendant was detained, Officer Merchand observed his watery, bloodshot eyes and detected a moderate odor of alcohol on his breath. Officer Merchand then advised defendant that he was under arrest for suspicion of driving under the influence.
6. Defense witness Kim Jarvis also testified at the hearing. She stated that she lived at the residence where the altercation occurred and had been present when the officers arrived. She observed the officers handcuffing defendant and stated that she had seen defendant driving shortly before his arrest.
7. At the close of the hearing, the court granted judgment for the State in the civil proceeding and denied defendant's motion to suppress. The court found that Officer Merchand had reasonable grounds to believe that defendant was operating a motor vehicle under the influence of intoxicating liquor and that his arrest was supported by probable cause. The court
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