A New Hampshire judge has ruled that some evidence against a New Hampshire county sheriff accused of drunken driving will not be admitted.
The judge ruled Thursday that Merrimack County Sheriff Scott Hilliard was taken into custody unlawfully because police made no attempt to secure an arrest warrant.
The ruling means that evidence obtained after the August arrest will be dismissed.
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Tilton police said a Breathalyzer test prior to the arrest put Hilliard's blood-alcohol content at three times the legal limit.
Hilliard pleaded not guilty.
He is serving his seventh term as sheriff.
The bench trial is scheduled to continue Jan. 14.