Commonwealth v. S.N.

S.N. was involved in a two-car accident on 95 when state police arrived to investigate. The trooper opined that S.N. had slurred speech, difficulty following commands, a flushed face and residue around his mouth. S.N. was arrested for suspicion of DUI and taken in for chemical testing. Results of the blood draw showed the presence of heroin in his system, and because this was a potential third DUI for S.N., he was facing a mandatory 1-2 years in jail. Prior to trial, the defense successfully suppressed the blood results, arguing that the consent S.N. gave to the blood draw was coerced and unconstitutional. After having the blood results suppressed, the Commonwealth proceeded to trial based on the observations of the trooper and his opinion that S.N. was unfit to drive a motor vehicle due to being under the influence of narcotics. The defense cross-examined the trooper at length with the dashcam video from the patrol-car, which contradicted much of the trooper’s testimony. A judge found the trooper not credible and entered a verdict of Not Guilty.