An investigation by local police and the Liquor Commission Bureau of Enforcement determined that the driver had been at Fat Belly’s on Bow Street before the accident near the intersection of Market Street and Bow Street. Based on statements from Fat Belly's staff and physical evidence, police allege that Magoon served the ‘obviously intoxicated’ man.

The 33-year old bartender was charged with prohibited sale of alcohol, a Class A misdemeanor. The drunk customer was charged with felony driving while intoxicated in New Hampshire, along with reckless conduct and vehicular assault. Magoon is scheduled for arraignment on March 16 at Portsmouth District Court.

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The customized van has two jail cells, a bathroom, breath testing equipment, computer and room for a bail bondsman and a drug recognition person. The vehicle will be deployed at sobriety checkpoints across the state, beginning in the Portsmouth area on November 7. The intent is to reduce the time it takes to process an arrest for drunk driving by doing it at the checkpoint. The HSA said the van could also be utilized in times of emergency as a mobile command center.

Local law enforcement agencies will only have to pay for the gas for the van, so it is anticipated that more communities will request its use. One police chief says that the objective is not to catch people but to change people’s attitudes about drinking and driving.

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Somma resigned his position as federal bankruptcy judge after being charged with driving under the influence in Manchester, N.H. last February. He had rear-ended a pick-up truck while wearing a cocktail dress and high heels. He pleaded no contest to the DUI and paid a fine.

Somma was appointed to the federal position by the current Republican administration. He reconsidered his resignation after fellow Republicans supported him, but then issued a statement in May saying he was going to “pursue other endeavors”.

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The 63-year old federal jurist was wearing a woman’s cocktail dress, high heels and fishnet stockings. He fumbled through a purse to locate his driver’s license. Manchester Police reported that Somma had a difficult time maintaining his balance, smelled of alcohol and slurred his speech. He failed a field sobriety test and a breath test registered a blood-alcohol content of 0.12%, well above the legal limit for drunk driving in New Hampshire.

Somma plead no contest to driving under the influence in New Hampshire, and his driver’s license was suspended for one year. He also resigned his position with the First Federal Circuit in Boston, effective April 1.

Somma was in private practice before being appointed to the federal bench by President Bush in 2004. Somma said he came to New Hampshire because his wife was out of town and nobody knew him in Manchester.

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Frederick Cronin was arrested by state police for suspicion of drunk driving. He was taken to a local police department where a breath test was to be conducted. Just before the test was to be administered however, Cronin burped. According to administrative rules, police officers are required to wait 20 minutes if the suspect vomits, regurgitates or belches.

After waiting the requisite time, the test was conducted. Police needed to take a required second breath sample but Cronin burped again. Police described it as a ‘dry burp’ and were uncertain whether to proceed. After discussing the issue, the police elected to take another breath sample immediately.

At a hearing before the state Department of Motor Vehicles, Cronin’s attorney argued that the rules regarding the administration of a breath test after a driver burps had not been followed and that the sample was compromised. There is no comment from any involved parties and a decision in this case has not yet been rendered.