EagleTribune.com, North Andover, MA

Haverhill

May 3, 2013

Man guilty of driving car into bench, injuring sleeping man, 71

(Continued)

Kimball-Monahan said prosecutor John DePaulo had requested six months of house arrest and the sobrietor.

She said the charges of assault and battery were nolle prossed because they were duplicative of the OUI serious bodily injury charge and the defendant could not be sentenced on both charges.

“The leaving the scene of personal injury was also nolle prossed because the facts did not support the contention that the defendant knew that he hit a person and recent case law requires that the person have knowledge that they hit someone,” she said.

At Suarez’s arraignment in January, prosecutor Stephen Patten said that after Suarez drove away from GAR Park, Newton police received a report of a vehicle off the road and went to the scene. There, they found Suarez. He failed a field sobriety test and was charged with drunken driving, police said. According to a Newton police report, Suarez agreed to a Breathalyzer test, which showed a blood alcohol level of .196.

“Police had to hold him up,” Patten said about field sobriety tests that were conducted by Newton police and which police said Suarez failed. “In addition, the defendant was in total disbelief that he was in New Hampshire.”

Defense lawyer Robert Lewin said Suarez accepted “full responsibility” by pleading guilty to drunken driving in New Hampshire and that he was scheduled to begin a drunk driver education program that week in New Hampshire.

Lewin said Suarez’s license to drive was revoked in New Hampshire and Massachusetts for an indefinite period.

Judge Stephen Abany released Suarez on several conditions, including that he not drive any vehicle, remain alcohol free, submit to drug and alcohol screenings, and install an “Intoxilator” device inside all the vehicles at his home.

“People are worried about dangerous people on the road,” Abany said at Suarez’s arraignment.

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