State v. Lemieux

DECISION

This matter is before the Court on the Defendant's motion to dismiss (or in the alternative, to suppress) the within driving under the influence charge on the twin grounds that he was denied his right to bail as well as his right to be examined by a physician of his own choice.

The Defendant was arrested by a Portsmouth police officer on February 11, 2007 at 11:47 p.m., and was immediately transported to the police department. At 12:09 a.m., the Defendant was read his rights and asked if he wanted to call anybody. The Defendant replied that he saw no reason to call anyone unless he…