For anyone wondering about Ryan.....

FYI, anyone who doesn't know the whole story, and no I'm not sharing it, Ryan is my brother-in-law. I'm just sharing what is available online. This situation sucks and Ryan is probably the last person in the world who deserves this. He was being the good guy and is getting screwed because of it. Ryan and Julie, we're all praying for you.

From fosters.com

Man charged in fatal wants blood alcohol data barred

By BEA LEWIS
bwheel@metrocast.net


Thursday, August 27, 2009
The lawyer for an Alton man charged with killing a passenger in a 2008 drunken driving crash is attempting to have blood evidence barred from court.

Ryan J. Sell, 27, of 33 School St., Alton, has been charged with negligent homicide, Driving While Intoxicated and two counts of aggravated DWI in connection with the Sept. 26, 2008, single-vehicle crash that resulted in the death of Robert H. Richie.

Sell was allegedly driving a 1982 Suburban on Avery Hill Road shortly before 11:30 p.m. when he missed the Y-shaped turn onto Alton Mountain Road in heavy fog and drove headlong into a culvert.

Alton fire rescue personnel performed cardio pulmonary resuscitation on Richie at the scene but were unable to revive him. He was pronounced death at Huggins Hospital in Wolfeboro a short time later.

Sell's attorney, Mark Sisti, has argued that Alton police did not have probable cause to arrest his client or to take his blood.

Sell sustained a head injury in the crash and police noted an egg-sized bump on his left forehead but still asked him to perform sobriety tests. Those tests, which Sell reportedly failed, resulted in police asking him to take a portable breath test, the results of which they used to arrest him.

Sisti argued in court documents that the preliminary breath test should be inadmissible because it amounted to unreasonable search and seizure. Sisti further claims police arrested Sell before they had probable cause and that the preliminary results of field sobriety tests must be thrown out since Sell was suffering from a head injury when police administered a horizontal gaze nystagmus test and a one-legged stand test.

Police testified that his eyes were jumpy consistent with someone who was intoxicated and that he lost his balance, raised his arms and put his foot down three times during the one-legged stand test.

Belknap County Attorney Jim Carroll has argued that the blood was taken properly under exigent circumstances and should be admissible in court.

A final pretrial hearing is set for Sept. 9. Jury selection is scheduled for Sept. 28. Sell remains free on $75,000 personal recognizance bail on the condition he not drive. He was also ordered to sign a waiver of extradition, which would allow him to be brought back to Laconia without further court hearing if he were to flee to avoid prosecution.