Merrimack County Sheriff Scott Hilliard waived his right to face a judge Monday morning on alternative drunken driving charges, one of which accuses him of having a blood alcohol concentration that is twice the legal limit.
Hilliard, 58, of Northfield pleaded not guilty to charges of aggravated driving while intoxicated, two counts of DWI and an open container violation. He chose last week to waive formal arraignment in Franklinโs district court and remains free on bail conditions. Hilliard remains employed with the county as sheriff, which is an elected position.
Tilton police arrested Hilliard on the evening of Aug. 9 after a caller reported that a vehicle was driving erratically on Laconia Road, also known as Route 3. The caller followed the vehicle into the 99 Restaurant parking lot at 154 Laconia Road, where police responded.
The aggravated DWI charge alleges that Hilliard was driving a white 2013 Cadillac XTS with a blood concentration of 0.16% or more. Alternatively, one of the DWI complaints accuses Hilliard of having an alcohol concentration of 0.08% or more, and a third charge alleges he was under the influence of alcohol or a drug that impaired his ability to drive. Prosecutors will often file multiple charges for a single offense that outline alternative theories and give them flexibility as they work to prove the case beyond a reasonable doubt to a jury or a judge. However, theย defendant can be found guilty of only one of the charges.
According to court documents, Hilliard had โan open glass containing a liquor or beverageโ on the passengerโs side of the Cadillac while on Laconia Road that night.
While the language of the DWI complaints alleges Hilliard was impaired when driving in the 99 Restaurant parking lot, authorities list the location of the alleged crimes approximately as the Holiday Inn Express, which is approximately one mile awayย at 75 Tilton Road.
Police said Hilliard was not on duty at the time of of the incident.
In the days following his arrest, the New Hampshire Police Standards and Training Council sent a letter to the district court in Franklin requesting copies of the criminal complaints. The council noted that since Hilliard is a certified police officer, โthe matter of his arrest and/or convictions may involve action under State Rules.” Once the case is adjudicated, the council has asked the court to forward copies ofย the sentencing or dispositional order.
Chief Timothy Merrill, executive officer of the council, said by phone Monday that if a certified officer is convicted of a misdemeanor crime, the council will hold a formal hearing. Merrill said situations are handled on a case-by-case basis and that the council can vote toย take a range of actions from โdoing almost nothing to revoking an officerโs certification.โ The council may also temporarily suspend an officerโs certification post-conviction and pending that formal hearing process.
Hilliardโs law enforcement career spans more than 30 years. He was first elected Merrimack County sheriff in 2006 after having served as chief of police in Northfield. He was re-elected sheriff for a seventh term in November after defeating his first primary challenger in 10 years. His term expires in 2020.
Hilliard is next scheduled to appear in court Sep. 30 for a trial management conference.
(Alyssa Dandrea can be reached at 369-3319 or at adandrea@cmonitor.com.)