Jane Citizen was arrested for OUI by a New Hampshire Police Officer after attending a local fireworks display held at Londonderry, NH. Jane after the fireworks display headed to a McDonalds located in a nearby town. It was at this time she was stopped in the McDonalds parking lot and administered a field sobriety test. The field sobriety test administered in the McDonalds parking lot was failed by Jane Citizen.

Did the Officer have cause to stop Jane?

Was Jane Drunk?

Is Jane guilty of an OUI?

In this case what reason did the Officer have to stop Jane and was it a legal stop? In this case it does not state that the Officer had any suspicions of Jane drinking or there being a random sobriety stop. It is with the aforementioned being said that the Officer had not reason to pull over Jane. The Police Officer stopped Jane and preformed a field sobriety test that she failed but we never find out if a BAC was ever established. The field sobriety test failure will give probable cause for a chemical BAC test. It is with that being said that we never get an empirical or measurable test result so we don't know if Jane was drunk. Is Jane guilty of an OUI the answer is maybe or maybe not but without more facts there is not enough facts to come to a conclusive determination. If this was a real case a judge would dismiss this due to lack of evidence.