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State v. Hill7/2/2001
As amended October 31, 2001.
THE STATE OF NEW HAMPSHIRE
v.
PAUL HILL
Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief and orally), for the State. Jenifer Bensinger Ackerman, assistant appellate defender, of Concord, by brief and orally, for the defendant. Joshua L. Gordon, of Concord, and Barbara A. Bradshaw, of Durham, on behalf of the New Hampshire Civil Liberties Union, for Patricia Welsh, as amicus curiae.
The opinion of the court was delivered by: Brock, C.J.
Portsmouth District Court
The defendant, Paul Hill, appeals his convictions in Portsmouth District Court (Warhall, J.) for driving while intoxicated, second offense, RSA 265:82-b (1993 & Supp. 2000); driving after revocation, RSA 263:64 (1993); disobeying a police officer, RSA 265:4 (1993); and false report to law enforcement, RSA 641:4 (1996). On appeal, the defendant asserts that: (1) evidence of his identity and motor vehicle record should have been excluded as fruits of an illegally obtained statement; (2) the false report to law enforcement charge should have been dismissed because the State failed to establish the necessary statutory elements; and (3) the defendant's motion for a mistrial should have been granted because the prosecutor impermissibly commented on the defendant's post-arrest silence. We affirm.
The following facts were either adduced at trial or appear in the record. On December 4, 1997, four police officers were dispatched to the Fielder's Choice Bar in Derry in response to a report of a disturbance. During their investigation, Officer Sinclair saw the defendant leave the bar. The defendant appeared to be unsteady on his feet, as though he had had too much to drink.
Moments later, Officer Sinclair saw the defendant drive away from the bar. Believing that the defendant was impaired by alcohol, Officer Sinclair attempted to stop him by shining his flashlight on him and yelling "yo" repeatedly. The defendant did not stop. As the vehicle drove past him, Officer Sinclair illuminated the driver's face with the flashlight and saw the defendant.
A second officer, Christine Krawec, put on her cruiser's lights and sirens and followed the defendant. When he finally pulled into a driveway and stopped, Officer Krawec immediately pulled in behind the vehicle with her lights and siren still on. Officer Krawec testified that she saw the same man who drove the vehicle away from the bar get out of the driver's side door of the truck. Officer Krawec twice ordered the man to stop. He complied with the second request. At that time, when asked for his name, the man said he was "Michael Micalizzi," provided Officer Krawec with a date of birth and said he had no identification with him.
When Officer Sinclair arrived at the scene, he administered field sobriety tests. The defendant failed four of the five tests. Officer Sinclair then arrested the defendant for driving while intoxicated and for failing to obey a police officer.
The defendant was taken to the police station for booking. Once there, he was asked to complete the standard administrative license suspension ("ALS") form used to advise people of their administrative license suspension rights. On this form, the defendant once again identified himself as "Michael Micalizzi" with a mailing address in Wilmington, Massachusetts. The defendant then went to the hospital for a blood test, where he again identified himself as "Michael Micalizzi." The blood test revealed a blood alcohol concentration level of .20.
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