DERRY - Patrolman Robert Moore doesn't remember being hit by a pickup truck as he directed traffic Wednesday on Route 28 in Windham. In fact, he never even saw it coming.
Moore, 34, said he was told the truck hit his right side, knocking him to the ground. Then a witness ran over to him, grabbed his police radio, and told the dispatcher an officer was down. The next thing he remembers is waking up in an ambulance, very sore.
Considering what he has been through, the Derry officer said he is doing OK. He is recovering from the crash at Boston Medical Center, where he was expected to remain last night. Moore suffered no major head injuries but said he has a fractured hip and swollen elbow.
As Moore continued his recovery yesterday, the woman accused of hitting him was being arraigned in Derry District Court. Susan Foss, 43, of Derry was so drunk Wednesday that police were unable to give her a sobriety test after the accident for fear she might hurt herself, according to court documents.
She pleaded not guilty yesterday to driving while intoxicated, and Judge Robert LaPointe Jr. ordered her held on $50,000 bail. Even if she makes bail, she can't drive, and must stay away from alcohol and drugs. She also faces a felony charge of aggravated driving while intoxicated. No plea was entered on that charge because it can't be tried in District Court.
Foss, who was driving a 1990 Chevy pickup truck, was stopped by police at the crash scene. Police suspected she was drunk by her bloodshot eyes, slurred speech, and the smell of alcohol on her breath. She was asked to perform a sobriety test, police said.
Foss took two steps before an officer had to catch her to keep her from falling, according to court documents. The officer cut the sobriety test short, believing it wasn't safe for Foss to continue. She began dozing off in the cruiser on her way to the hospital for a test to show the amount of alcohol in her blood.
Foss has been convicted of driving while intoxicated twice before in New Hampshire, in 1998 and 1999. This is her second driving while intoxicated charge in less than a month. She was arrested in Pelham three weeks ago and pleaded not guilty to that charge as well. She was allowed to continue driving because she had a temporary license.
When Pelham police Sgt. Gary Fisher pulled Foss over for speeding and crossing a yellow line on Route 38 on July 9, he said she exhibited signs of alcohol impairment. But she refused a Breathalyzer test.
Because she refused the Breathalyzer test, her license was suspended by the state Division of Motor Vehicles. But the law allows a person whose license is suspended to have a 30-day temporary license while the DMV puts the suspension in place, allowing the person to contest the suspension.
The Pelham case is scheduled for trial in September.
Yesterday, Foss said nothing as Windham police prosecutor Heather Newell called her "a danger to herself and ... a danger to the community." Newell said police believe Foss has a drug and alcohol problem, and because she is unemployed, she is a flight risk.
Foss made a brief plea to LaPointe to lower her bail or allow her to be released on a bond, one that he quickly denied.
"The state's given me plenty of reasons to set bail at $50,000 cash," the judge said. "I think you are a danger to the community."
The crash occurred about 3:15 p.m. Wednesday. Moore was on a road detail, directing traffic around work on the Route 111 bypass project in Windham. He had stopped all traffic to allow a construction vehicle to pass. Once the vehicle passed, he turned to let traffic on the other side pass. That was when he was hit by Foss' pickup truck.
Moore has been a Derry police officer for nearly six years. He works the midnight shift. Yesterday, he said he was sore and his right arm was swollen. He had been through several X-rays and a CT scan.
He said a steady stream of officers had been in to visit him. One officer was at Boston Medical Center before Moore even arrived. Moore was taken to the hospital by MedFlight helicopter Wednesday.
"We all draw together when an officer is injured," Derry police Capt. Vernon Thomas said.
Foss must return to court Aug. 1 at 10 a.m. for a probable cause hearing. She is being held at Rockingham County Jail.
Why was Susan Foss on the road?
Susan Foss was convicted twice of driving while intoxicated, in 1998 and 1999. She also was arrested July 9 in Pelham on a drunken-driving charge. Because she refused a Breathalyzer test, her license was set to be suspended for two years on Aug. 9. She was granted a temporary 30-day license to allow her time to request an administrative hearing to contest the suspension.
License revocations for drunken driving
* First conviction - License is revoked for no less than nine months, and no more than two years
* Second conviction - License is revoked for no less than three years
* Third conviction - License revoked for no less than five years; can reapply
* Fourth conviction - License revoked indefinitely; can't reapply for seven years
Source: New Hampshire state law