State of Maine v. Houghton

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SUPERIOR COURT CRIMINAL ACTION Docket N9' CR-07-~ .\ vJ S"'6 - \ \ /;;.1 "t ,I C).\:(.Y 7\/ &\\ STATE OF MAINE CUMBERLAND, ss. ¢ ¢ ~ .; , ." , .r_ /, '\ ! 1-') ¢ v/ I STATE OF MAINE, v. DECISION JAMES R. HOUGHTON, :~;?D L GARBRECHT LIBRARY prj Defendant. JAN 1 5 2008 FINDINGS 1. On June 6, 2007 at 9 p.m. in Cumberland on Route 88, Officer Richard Brewer saw a car about to turn off Route 88 onto Russell Road. 2. Officer Brewer could see the green 07 sticker on the car's license plate and thought he saw a white March sticker, indicating an expired registration. 3. Officer Brewer called in the information and confirmed that the registration had expired in March. 4. Officer Brewer activated his blue lights and followed the car down Russell Road for one-fourth of a mile. The car did not respond to the blue lights. 5. Officer Brewer observed the car weaving from side to side as it traveled down Russell Road. 6. The car stopped in a driveway just off Russell Road. 7. Officer Brewer approached the car and knocked on the window. 8. The operator, James Houghton, appeared unable to find the window switch so Officer Brewer opened the car door and asked Mr. Houghton to shut off the motor. 9. Mr. Houghton smelled of alcohol, his eyes were watery and he appeared disheveled. 10. Officer Brewer asked Mr. Houghton to come to the roadway for sobriety tests. Mr. Houghton did so but in an unstable manner. 11. When asked how much he had been drinking, Mr. Houghton said too much. 12. Officer Brewer asked Mr. Houghton to recite the alphabet in its entirety. Mr. Houghton, in slurred speech, recited from A to X. 13. Mr. Houghton then flunked the heel to toe test and the finger to nose test. 14. Officer Brewer arrested Mr. Houghton for operating under the influence. 15. Mr. Houghton testified and told a story that differs in some important aspects. But he admitted to drinking a bottle and half of wine and for that reason his testimony cannot be assigned much weight. DISCUSSION Officer Brewer's observation of the expired registration, when confirmed, gave him reasonable articulable suspicion to stop Mr. Houghton. The erratic driving plus Officer Brewer's physical observations of Mr. Houghton gave Officer Brewer ample justification to arrest Mr. Houghton for driving while impaired. The clerk will make the following entry on the docket by reference: Defendant James Houghton's motion to suppress is denied in all respects. DATED: November Ie, I 2007 William S. Brodrick Active-Retired Justice, Superior Court 2 , STATE OF MAINE vs JAMES R HOUGHTON DOWN EAST MOTEL YARMOUTH ME 04096 SUPERIOR COURT CUMBERLAND, ss. Docket No PORSC-CR-2007-01794 DOCKET RECORD DOB: 09/16/1941 Attorney: PETER CYR LAW OFFICE OF PETER J CYR 85 BRACKETT STREET PORTLAND ME 04102 RETAINED 06/29/2007 State's Attorney: STEPHANIE ANDERSON Filing Document: CRIMINAL COMPLAINT Filing Date: 06/11/2007 Major Case Type: MISDEMEANOR (CLASS D,E) Charge(s) 1 OPERATING UNDER THE INFLUENCE Seq 9878 29-A 2411 (l-A) (A) Class D 2 VIOLATING CONDITION OF RELEASE Seq 9632 15 1092 (1) (A) Class E 3 VIOLATING CONDITION OF RELEASE Seq 9632 15 1092 (1) (A) Class E 06/08/2007 CUMBERLAND 06/08/2007 CUMBERLAND 06/08/2007 CUMBERLAND Docket Events: 07/03/2007 Charge(s): 1,2,3 TRANSFER - TRANSFER FOR JURY TRIAL EDI ON 07/03/2007 @ 18:01 TRANSFERRED CASE: SENDING COURT CASEID PORDCCR200704685 FILING DOCUMENT - CRIMINAL COMPLAINT FILED ON 06/11/2007 07/03/2007 Charge(s): 1,2,3 HEARING - ARRAIGNMENT SCHEDULED FOR 06/11/2007 @ 1:00 in Room No. 1 NOTICE TO PARTIES/COUNSEL Charge (s): 1,2,3 HEARING - ARRAIGNMENT HELD ON 06/11/2007 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE DEFENDANT INFORMED OF CHARGES. 21 DAYS TO FILE MOTIONS 968 Charge(s): 1,2,3,4 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 06/11/2007 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE TRIAL - BENCH SCHEDULED FOR 08/14/2007 @ 10:30 in Room No. 968 1 NOTICE TO PARTIES/COUNSEL Page 1 of 4 Printed on: 11/30/2007 JAMES R HOUGHTON PORSC-CR-2007-01794 DOCKET RECORD 968 TRIAL - BENCH NOT HELD ON 07/02/2007 BAIL BOND - $750.00 CASH BAIL BOND SET BY COURT ON 06/11/2007 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 750.00 CASH ALCOHOL/DRUGS, RANDOM SEARCH AND TESTING 968 BAIL BOND - $750.00 CASH BAIL BOND FILED ON 06/14/2007 BAIL BOND - NO USE/POSS CASH BAIL BOND DISBURSEMENT ON 07/03/2007 Party (s) : JAMES R HOUGHTON ATTORNEY - RETAINED ENTERED ON 06/29/2007 Attorney: PETER CYR MOTION - MOTION EXPERT WITNESS REPORT FILED BY DEFENDANT ON 06/29/2007 968 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/29/2007 968 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 06/29/2007 968 MOTION - MOTION TO SUPPRESS STATEMENT FILED BY DEFENDANT ON 06/29/2007 968 Charge (s): 1, 2, 3, 4 TRANSFER - TRANSFER FOR JURY TRIAL REQUESTED ON 06/29/2007 968 Charge(s): 1,2,3 FINDING - TRANSFER FOR JURY TRIAL TRANSFERRED ON 07/03/2007 DEBRA SOUBBLE, ADMINISTRATIVE CLERK PORSC 07/05/2007 BAIL BOND - $750.00 CASH BAIL BOND FILED ON 07/05/2007 Bail Receipt Type: CR Bail Amt: $750 Date Bailed: 06/11/2007 Receipt Type: CK Prvdr Name: MILDRED H HOUGHTON Rtrn Name: MILDRED H HOUGHTON THIRD PARTY. SEE CONDITIONS. 07/05/2007 Charge(s): 1,2,3 TRANSFER - TRANSFER FOR JURY TRIAL RECVD BY COURT ON 07/05/2007 BETHANY RODERIGUE, ASSISTANT CLERK-E DOCKET ENTRIES RECEIVED FROM 9TH DISTRICT COURT (CR07-4685) 07/12/2007 BAIL BOND - CASH BAIL BOND ASSIGNMENT FILED ON 07/11/2007 ATHENA LANE , ASSISTANT CLERK FILED BY THIRD PARTY BAIL HOLDER TO ASSIGN TO COUNSEL. Date Bailed: 06/11/2007 THIRD PARTY. SEE CONDITIONS. Page 2 of 4 Printed on: 11/30/2007 JAMES R HOUGHTON PORSC-CR-2007-01794 DOCKET RECORD 07/17/2007 Charge(s): 1,2,3 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/13/2007 @ 11:00 in Room No. ANDREW M HORTON , JUDGE 7 X 3 07/17/2007 Charge(s): 1,2,3 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 07/17/2007 08/01/2007 HEARING - MOTION EXPERT WITNESS REPORT SCHEDULED FOR 09/13/2007 @ 11:00 in Room No. ANDREW M HORTON , JUDGE 08/01/2007 HEARING - MOTION EXPERT WITNESS REPORT NOTICE SENT ON 08/01/2007 09/26/2007 HEARING - 7 MOTION EXPERT WITNESS REPORT CONTINUED ON 09/13/2007 09/26/2007 HEARING - MOTION TO CONTINUE SCHEDULED FOR 09/27/2007 @ 10:00 in Room No. ANDREW M HORTON , JUDGE NOTICE TO PARTIES/COUNSEL 10/02/2007 HEARING - MOTION TO CONTINUE CONTINUED ON 09/27/2007 7 10/02/2007 Charge(s): 1,2,3 HEARING - MOTION TO SUPPRESS CONTINUED ON 09/27/2007 10/02/2007 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 10/25/2007 @ 1:00 in Room No. 7 NOTICE TO PARTIES/COUNSEL 10/02/2007 HEARING - MOTION TO SUPPRESS NOTICE SENT ON 10/02/2007 JOANN HEBERT 10/09/2007 Charge(s): 1,2,3 MOTION - MOTION FOR DISCOVERY FILED BY DEFENDANT ON 10/03/2007 MOTION FOR ADDITIONAL DISCOVERY. TSK 10/26/2007 HEARING - MOTION TO SUPPRESS HELD ON 10/25/2007 WILLIAM BRODRICK, JUSTICE Attorney: PETER CYR DA: TRACY BARDWELL Reporter: PENNY PHILBRICK-CARVER Defendant Present in Court STATE'S WITNESSES:1) RICHARD BREWER. DEFENDANT'S WITNSSES: 1) JAMES HOUGHTON. 10/26/2007 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 10/25/2007 WILLIAM BRODRICK, JUSTICE 10/26/2007 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 10/25/2007 10/26/2007 MOTION - MOTION TO SUPPRESS STATEMENT UNDER ADVISEMENT ON 10/25/2007 WILLIAM BRODRICK, JUSTICE 10/26/2007 Charge(s): 1,2,3 TRIAL - JURY TRIAL SCHEDULED FOR 12/10/2007 @ 8:30 in Room No. 11 NOTICE TO PARTIES/COUNSEL 10/26/2007 Charge(s): 1,2,3 TRIAL - JURY TRIAL NOTICE SENT ON 10/26/2007 JOANN HEBERT 11/30/2007 MOTION - MOTION TO SUPPRESS STATEMENT DENIED ON 11/19/2007 Page 3 of 4 Printed on: 11/30/2007 JAMES R HOUGHTON PORSC-CR-2007-01794 DOCKET RECORD WILLIAM BRODRICK, JUSTICE COPY TO PARTIES/COUNSEL 11/30/2007 MOTION - MOTION TO SUPPRESS DENIED ON 11/19/2007 WILLIAM BRODRICK, JUSTICE COpy TO PARTIES/COUNSEL 11/30/2007 MOTION - MOTION TO SUPPRESS DENIED ON 11/19/2007 WILLIAM BRODRICK, JUSTICE COpy TO PARTIES/COUNSEL TSK TSK TSK Exhibits 10/25/2007 10/25/2007 10/25/2007 10/25/2007 10/25/2007 10/25/2007 10/25/2007 coJ . A TRUE ATTEST'.:::2:0/ () /) If I l / ;~/ DEFENDANT, DEFENDANT, DEFENDANT, DEFENDANT, DEFENDANT, DEFENDANT, DEFENDANT, .... Exhibit#l-S, Exhibit#2-S, Exhibit#3-S, Exhibit#4-S, Exhibit#5-S, Exhibit#6-S, Exhibit#7-S, SM, PAPER DIAGRAM OF ROADS, Adm w/o obj on 10/25/2007. PHOTO OF TRUCK/LICENSE PLATE, Adm w/o obj on 10/25/2007. PHOTO OF ROAD/VEHICLE, Adm over obj on 10/25/2007. PHOTO OF LICENSE PLATE, Adm over obj on 10/25/2007. PHOTO OF LICENSE PLATE, Adm over obj on 10/25/2007. PHOTO OF LICENSE PLATE, Adm over obj on 10/25/2007. PHOTO OF LICENSE PLATE, Adm over obj on 10/25/2007. l L~ .111r!~".,./;I-- Clerk ,i" ~L a ~ttest ,d~rIP~~f~·'.)I' A True CoPy Page 4 of 4 /'-(."",.0 Printed on: 11/30/2007

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