Beach Official's Trial Delayed as Defense Looks to Suppress Evidence

An attorney representing the chairwoman of the Hampton Beach Seafood Festival chairwoman is attempting get his client's breathalyzer test results thrown out of court because the arrest was "without probable cause."

The DWI trial for Jude David, who also serves as the state parks facilities manager for Hampton Beach, was supposed to begin Wednesday afternoon, although a judge again delayed the trial after receiving the defense's motion Wednesday.

Hampton District Court staff said Wednesday's trial was delayed because the judge is "taking" the motion "under advisement." The trial hadn't been rescheduled as of 3 p.m. Wednesday.

In the defense's motion to suppress, which is attached to this story as a series of images, Attorney Andrew Cotrupi argues that police don't have the authority to "order" an individual to perform a field sobriety test. He claims that is "precisely what occurred," though, when the arresting officer spoke with David after she allegedly hit a parked car at about 11:03 p.m. on Oct. 13 at the 401 Tavern.

Cotrupi also states that the arresting officer, an Officer Jackson, arrived "at minimum 30 minutes" after the motor vehicle accident took place and based his questioning of David — who was standing outside the 401 with friends — on statements made by a witness who observed an "fender-bender accident," according to the motion.

Cotrupi said Jackson didn't indicate in his report any evidence or observations of impairment after speaking with David, though, and that Jackson has confirmed "repeatedly" that he had "no idea" what David had been doing with friends at the bar between the time the alleged incident occurred and Jackson's arrival on the scene.

"Simply put, appearing intoxicated while standing at the corner of a bar surrounded by friends does not give rise to the reasonable belief that a person is currently, or had been, and [sic] operating on a public way while intoxicated," wrote Cotrupi in the motion.

[Editor's note: The motion given to Patch by court staff is a four-page, incomplete document.]

David faces one count each of DWI and conduct after an accident. If convicted on the Class B misdemeanors, David won't face jail time, although she could be assessed various monetary penalties and could lose her license, according to state statutes.

David has pleaded not guilty to the charges.

Witnesses have told the Hampton Union that David allegedly "appeared to try to use her influence to get out of being arrested — by citing connections to well-known town and state officials." Police have declined comment about those claims.