Hooksett police officer Benjamin Beauchemin, who flipped his car off Cedar Crest Lane in Auburn last spring, was found not guilty of driving while intoxicated by a Candia District Court judge on Wednesday, Sept. 10. Judge David Lefrancois said in his ruling that the state had been unable to prove beyond reasonable doubt that Beauchemin had been drinking prior to the accident.

Eyewitnesses who testified at the trial said they smelled alcohol on Beauchemin, who refused to submit to a field sobriety test at the scene of the accident. Beauchemin told his arresting officer he had only one beer before driving on May 11, but also claimed to have chugged four beers at his girlfriend’s house after the accident, while he waited for emergency responders to arrive at the scene. He said he was trying to calm his nerves and was in shock.

According to one state police commander, Beauchemin’s version of what happened is unlikely.

“That’s a story that any police officer would have a little trouble believing, but also it’s down to the judge and it’s his decision, and I can respect that,” said Major Russ Conte, field operations bureau commander with the state police. “I fully understand that citizens in the state are outraged when a police officer engages in activities that are dangerous. They’re held in the same standard whether they’re in uniform or not. The public has a right to expect police officers to act in a way that brings dignity to their position.”

Public outrage over Beauchemin’s actions after the accident has been acute.

“I had a feeling this would happen,” said Katie Barrata, an eyewitness at the scene of Beauchemin’s accident. “I think he got off because he has a whole department of blue behind him.”

Beauchemin is currently on administrative leave without pay from his position at the Hooksett Police Department. Police Chief Stephen Agrafiotis said his department is still conducting its internal investigation and was unable to comment on whether Beauchemin will be asked to return to work.

“At this point, we’ll be reviewing the whole situation and making a final decision,” Agrafiotis said. “He hasn’t lost his job yet, but we have to finish our internal investigation and decide where we’ll go from there.”

Keith Lohmann, an instructor at the New Hampshire Police Academy in Concord, would not comment on the specific nature of Beauchemin’s actions after the accident, but explained that all New Hampshire police officers are required to complete ethics courses, which include appropriate off-duty conduct.

“Leaving the scene of an accident is an offense in and of itself,” Lohmann said. “The only way legally you leave the scene of an accident is if you’re summoning someone yourself. Generally, officers are taught about the criminal law, and certainly officers themselves are not supposed to break the law.”

All New Hampshire police officers are required to enroll in the 12-week training academy before starting their jobs, Lohmann said.

“The requirements of the criminal and motor vehicle laws are taught to them and presumably made clear,” he said. “They are tested on that material. DWI is one offense of many in the motor vehicle code, and they are taught about all of them. I feel safe to say that they are taught they are not supposed to break the law themselves.”

Further inflaming public criticism was the revelation recently that Beauchemin has been driving since the time of the crash.

Beauchemin fought to keep his license at a state motor vehicle hearing in June and prevailed on a technicality when the investigating state trooper failed to show up because of a court conflict in Portsmouth.

According to Curtis Duclose, the hearings administrator for the department of safety, Trooper Nick Cyr’s reason for missing the Beauchemin hearing was deemed insufficient to reopen the case, allowing Beauchemin to keep his license.