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Lopez v. Director8/28/2000
Grafton
The defendant, the director of the division of motor vehicles (division), appeals an order of the Superior Court (Smith, J.) vacating an order of the division that revoked plaintiff Michael Lopez's right to operate a motor vehicle in New Hampshire. See RSA 265:91-a (1993 & Supp. 1999). We reverse and remand.
The relevant facts are as follows. At approximately 1:30 a.m. on February 28, 1998, Trooper Robert Terhune was on routine patrol traveling south on Route 3 in Woodstock. As he approached the intersection of Route 112, Terhune observed the plaintiff driving a van north on Route 3. The van was proceeding very slowly through the intersection and Terhune decided to follow it. The van traveled about a quarter mile north and turned into the driveway of a building complex. Electing not to continue following the van, Terhune reversed direction and again proceeded south on Route 3. He then saw the van pull out onto Route 3 abruptly. Concluding that the driver was either confused, lost, or trying to avoid him, Terhune again followed the van.
With Terhune following, the van turned sharply onto Connector Road. A Lincoln police cruiser pulled out behind the van with its blue lights activated. The van then turned onto a small side street in front of a mobile home and stopped. The Lincoln police cruiser pulled in directly behind the van. Two men ran from the van toward the mobile home. Terhune thereafter parked directly behind the other cruiser. Lincoln Police Officer Scott McKinley followed the two men to the mobile home and asked who had been driving.
Terhune approached the men and informed McKinley that he had seen the plaintiff driving the van moments before McKinley had begun pursuing it. Terhune observed that the plaintiff smelled of alcohol, had bloodshot eyes, and slurred his speech. Terhune subsequently conducted field sobriety tests. Based on the results of those tests and other observations, Terhune arrested the plaintiff for driving while intoxicated. See RSA 265:82 (Supp. 1999). The plaintiff refused to submit to a blood alcohol test and his right to operate a motor vehicle in New Hampshire was suspended. See RSA 265:91-a. He timely requested an administrative license suspension (ALS) hearing with the division. See RSA 265:91-b (1993 & Supp. 1999).
Only Terhune testified at the hearing. He stated that he saw the plaintiff operating the van, and that the plaintiff performed field sobriety tests. Based upon his observations, Terhune determined that the plaintiff was impaired. Although Terhune testified that he did not know why the Lincoln police officer stopped the plaintiff, no evidence was submitted to support a finding that the stop was in fact illegal. The hearings officer upheld the suspension.
In an appeal to the superior court from an ALS hearing, the plaintiff has the burden to show that the order upholding the suspension was clearly unreasonable or unlawful, and all findings of fact on questions properly before the hearings examiner are deemed to be prima facie lawful and reasonable. See RSA 263:75, II (Supp. 1999). There was no real dispute about the plaintiff's operation of the vehicle or his impaired status.
The superior court ruled that as an underlying basis for any lawful administrative license suspension there must be a constitutionally valid traffic stop and a valid arrest of the operator. Secondly, the trial court ruled that the "exclusionary rule" should extend to ALS proceedings. On appeal, the defendant challenges both rulings.
The defendant first argues that RSA 265:91-b does not provide that a constitutionally valid stop and arrest are necessary to suspend an operator's
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