The case against Eileen DelRossi, the Lowell School Committee member involved in a late summer car accident and subsequently charged with Operating Under the Influence, has been dismissed due to “insufficient evidence.”
New Hampshire Department of Public Safety Administrative Law Judge, Linda Capuchino, issued the ruling Monday December 8. Capuchino presided over a hearing on the matter October 24, in which DelRossi’s attorney was able to successfully argue against evidence presented by the police officer responding to the August 27 motor vehicle accident in Pelham, NH.
Among the points cited by Capuchino in her dismissal were that “chemicals from the deployment of the air bags and the fact that the respondent was crying could have accounted for her wet and shiny eyes” reported by the officer.
The judge also noted that “the only other indicator of possible impairment was that the respondent’s speech was slow, although he had no difficulty understanding her. There was no further evidence of slurred speech, balance issues, answering inappropriately, dexterity issues, etc. Moreover, the officer had been informed and was aware at the time of the arrest that the respondent suffered from (certain medical issues), previous spinal injuries and had undergone surgery on both knees. These facts were not disputed.”
In addition, the officer explained on cross-examination “that they had originally received a complaint describing a gray vehicle on Keys Hill Road that was operating erratically. However, it was determined that the respondent was going southbound from Nashua Road onto Mammoth Road and was not on Keys Hill Road” and that “the respondent’s vehicle was white in color and not gray.”
“I have professed my innocence on the OUI charges from the outset and am beyond grateful that the legal process played out with these serious charges against me dismissed,” DelRossi told InsideLowell this morning. “I also understand the accident could have resulted in far more tragic consequences for myself or other bystanders, and will take the lessons learned from the incident forward in my day to day life. I would like to thank everyone who called, texted, or messaged me throughout this process to check in with me to assure I was okay. The kindness and love I received during this difficult time reinforced how fortunate I am to be a part of such a great community here in the city of Lowell.”
As a result of the dismissal, DelRossi’s driver’s license suspension in both New Hampshire and Massachusetts has been rescinded.
