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Judge OKs low bail for Lyndeborough man arrested on charges

By Dean Shalhoup - Senior Staff Writer | Oct 1, 2019

NASHUA – A prosecutor who requested $25,000 cash or surety bail for Lyndeborough resident Edward Mottau, who is charged with drug and driving-related offenses in Wilton, told a judge Monday he wouldn’t be seeking that kind of bail if not for the danger Mottau allegedly put a police officer in by nearly striking his cruiser.

While the reckless driving charge against Mottau is only a violation-level offense at this point, Assistant County Attorney Brett Harpster said it could be upgraded to a felony when the police investigation into the incident is completed.

“It was pretty scary for the officer … that he had to swerve to avoid a collision with Mr. Mottau’s truck,” Harpster told Judge Jacalyn Colburn.

Mottau, 51, a construction contractor who assumed control of his now-retired father’s business several years ago, was arrested Saturday and charged with one count of possession of controlled drugs, a Class B felony; one misdemeanor count of transporting drugs in a vehicle; and the reckless driving violation.

Around 3 p.m. Saturday, numerous drivers called Wilton police to report a pickup truck being operated erratically, “drifting over the center line” and into the opposite lane of traffic on Route 31 South, according to Harpster’s synopsis.

The officer who responded soon encountered the truck, Harpster said, and after succeeding in avoiding a crash, he turned around intending to conduct a traffic stop on the truck.

That happened about two miles later, Harpster said, near the intersection of Route 31 and Isaac Frye Highway. The driver, whom the officer identified as Mottau, allegedly told the officer he’d “been clean for nine months,” and that the truck was swerving back and forth because the front-end suspension needed repair, Harpster said.

The officer didn’t buy Mottau’s explanation, but told him that if the truck’s front end was in that bad a shape, it needed to be towed.

During the required inventory search of the truck, Harpster said the officer found a glass pipe and marijuana buds, along with other items considered drug paraphernalia – all of which Mottau allegedly denied were his, according to Harpster.

Additional drug-related items were allegedly discovered in Mottau’s possession during the booking process, including a quantity of a white powder, Harpster said.

“He had no idea what it was,” Harpster said, reading from the police affidavit. It tested, however, as methamphetamine, he added.

Another reason for Harpster’s request for high bail, he said, is Mottau’s convictions roughly two years ago on three felony offenses in Hillsborough County Superior Court-North in Manchester.

Mottau’s sentences were all suspended, but remain pending, meaning that Mottau allegedly violated the terms of the sentences by getting arrested.

Attorney Amanda Steenhuis, a public defender who represented Mottau during Monday’s hearing, said Motteau, although he allegedly failed to report to his probation officer for four months, has recently been in touch with the officer.

Mottau, who Steenhuis said has struggled with addiction for some time, was clean for a while, but relapsed, she said. “He is open to getting treatment if he’s released,” she told Colburn.

Mottau’s father, one of two men who came to Monday’s hearing, told Colburn that if his son was released, he would supervise him and make sure he follows his bail orders.

“I can guarantee that he will go to court (as scheduled) and not drive,” the elder Mottau said.

Without his father’s input, Colburn told Mottau, it is unlikely she would grant Steenhuis’ request for $100 cash bail.

She ordered him to report to probation within 24 hours, and schedule an intake assessment for substance abuse, to which Mottau agreed.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com, or @Telegraph_DeanS.