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New Hampshire Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of New Hampshire or Court of Appeals of New Hampshire where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State v. Fernandez - 5/23/2005
Argued: February 16, 2005 The defendant, Lucio E. Fernandez, appeals his conviction by a jury for second-degree murder. See RSA 630:1-b (1996). We affirm. The jury could have found the following facts. The defendant stabbed...

State v. Flynn - 9/1/2004
Rockingham Argued: July 15, 2004 The defendant, John Flynn, was convicted by a jury of two counts of aggravated felonious sexual assault, see RSA 632-A:2, I(i) (1996) (amended 2003). The defendant argues that the Trial...

Saviano v. Director, N.H. Division of Motor Vehicles - 8/26/2004
The plaintiff, Michael Saviano, appeals the order of the Superior Court (T. Nadeau, J.) affirming the decision of the New Hampshire Department of Safety hearings officer upholding the suspension of his driver's license by the defendant,...

State v. Wiggin - 8/26/2004
The defendant, John D. Wiggin, was convicted after a bench trial in the Henniker District Court (Scheffy, J.) of driving under the influence of intoxicating liquor. See RSA 265:82, I(a) (Supp. 2003). He appeals the court's denial of his...

State v. Chace - 8/26/2004
The State of New Hampshire appeals a decision of the Portsmouth District Court (DeVries, J.) granting the motion to dismiss the charges brought against the defendant, Kristen Chace, for driving while intoxicated. See RSA 265:82, :82-b, I...

State v. Sousa - 8/26/2004
The State appeals an order of the Nashua District Court (Ryan, J.) granting the motion to suppress filed by the defendant, Christine Sousa. The State challenges the trial court's determination that the stop of the defendant's vehicle was...

Saviano v. Director - 8/26/2004
Rockingham Argued: June 17, 2004 The plaintiff, Michael Saviano, appeals the order of the Superior Court (T. Nadeau, J.) affirming the decision of the New Hampshire Department of Safety hearings officer upholding the...

State v. L'Heureux - 4/23/2004
Following a bench trial in the District Court for Southern Carroll County (Varney, J.), the defendant, Laurent L'Heureux, was convicted of operating a motor vehicle with an alcohol concentration of .08 or more. See RSA 265:82, I(b) (Supp....

State v. Barnes - 4/16/2004
The defendant, Daniel Barnes, appeals his conviction, after a jury trial in the Superior Court (McHugh, J.), on one count of driving after certification as a habitual offender, see RSA 262:23 (1993) (amended 2000, 2001, 2003). We vacate...

State v. Stern - 4/5/2004
The defendant, Shirley Ann Stern, appeals her convictions by a jury for negligent homicide, see RSA 630:3 (Supp. 2003), and aggravated driving while intoxicated, see RSA 265:82-a (Supp. 2003), and her sentence on the negligent homicide...

State v. Reno - 1/26/2004
The record supports the following facts. On the evening of February 14, 2002, a Concord police dispatcher relayed a report of a possible driving while intoxicated offense. The dispatcher stated that the vehicle, with New Hampshire license...

State v. Gowen - 11/24/2003
Following a trial on stipulated facts, the defendant, Kenneth Gowen, was convicted of being a felon in possession of a dangerous weapon, see RSA 159:3 (1994) (amended 2001), driving while intoxicated, subsequent offense, see RSA 265:82...

State v. Winstead - 11/12/2003
Following a bench trial in Claremont District Court (Yazinski, J.), the defendant, William T. Winstead, was found guilty of driving while intoxicated. See RSA 265:82 (Supp. 2002). On appeal, he contends that: (1) the trial court erred when...

McLaughlin v. Fisher Engineering - 10/27/2003
Hillsborough-northern judicial district Argued: September 11, 2003 The plaintiffs, Dennis W. McLaughlin, Sr., Kathryn McLaughlin and Ellen M. Faunce, individually and as administrators of their sons' estates, brought an...

State v. Knapp - 9/26/2003
Following a bench trial in the Claremont District Court (Rappa, J.), the defendant, Robert Knapp, was found guilty of driving after suspension, see RSA 263:64 (Supp. 2001) (amended 2002), and driving while intoxicated, see RSA 265:82...

State v. Macelman - 9/2/2003
The defendant, Cory MacElman, appeals his conviction in the Lebanon District Court (Cirone, J.) for possession of controlled drugs, RSA 318-B:2 (Supp. 2002). He argues that the trial court erred in denying his motion to suppress based upon...

State v. Hull - 7/21/2003
Argued: May 8, 2003 The defendant, Gregg Hull, appeals his convictions for driving under the influence of liquor (DUI), third offense, see RSA 265:82 (Supp. 2002); RSA 265:82-b, II(b) (Supp. 2002), and felony reckless conduct,...

Devere v. State - 7/8/2003
Merrimack Argued: May 8, 2003 The State appeals from a Superior Court (McGuire, J.) order denying its motion to dismiss Peter DeVere's petition for disclosure of information under the Driver Privacy Act, RSA 260:14,...

Jacobs v. Director - 5/16/2003
Rockingham Argued: March 12, 2003 The defendant, the director of the division of motor vehicles (division), appeals an order of the Superior Court (McHugh, J.) vacating the driver's license suspension imposed on the...

State v. Coombs - 4/16/2003
Portsmouth District Court Argued: February 6, 2003 The defendant, Thomas D. Coombs, appeals his conviction after a bench trial in the Portsmouth District Court (Taylor, J.) for driving while intoxicated (DWI), RSA 265:82...

State v. Denoncourt - 4/11/2003
Hillsborough-northern judicial district Argued: January 14, 2003 After a bench trial, the defendant, John Denoncourt, was convicted of driving after certification as a habitual offender, disobeying a police officer, and...

State v. Gordon - 4/15/2002
Argued: January 15, 2002 The defendant, Albert Gordon, appeals his conviction for aggravated driving of an off-highway recreational vehicle while intoxicated (OHRV-DWI). RSA 215-A:11, II(a)(1) (2000). He contends that the Trial...

State v. Seavey - 12/19/2001
Auburn District Court The defendant, Heidi Lee Seavey, was convicted after a bench trial in the Auburn District Court (LeFrancois, J.) of driving while intoxicated second offense (DWI), RSA 265:82(b) (1993 & Supp. 2000), and...

State v. McKean - 11/19/2001
Grafton The defendant, Ronald E. McKean, appeals his conviction by a jury in Superior Court (Morrill, J.) for criminal threatening, see RSA 631:4 (Supp. 2000), on the ground that it violated his State constitutional right to be...

State v. Nickerson - 9/25/2001
Lancaster District Court The defendant, Dale Nickerson, appeals the decision of the Lancaster District Court (DesJardins, J.) denying his motion to suppress the results of a blood test. We affirm. The defendant was the...

State v. Duffy - 7/23/2001
Portsmouth District Court The defendant, Brian Duffy, appeals his conviction in the Portsmouth District Court (Taylor, J.) on one count of driving while intoxicated. See RSA 265:82 (1993) (amended 1995, 1996). He argues that the...

State v. Cogliano - 7/6/2001
Hampton District Court The defendant, Michael Cogliano, appeals his conviction for driving while intoxicated (DWI), subsequent offense. RSA 265:82, I (Supp. 2000). On appeal, he argues that the Hampton District Court (Frasier,...

State v. Hill - 7/2/2001
As amended October 31, 2001. THE STATE OF NEW HAMPSHIRE v. PAUL HILL Philip T. McLaughlin, attorney general (Douglas N. Jones, assistant attorney general, on the brief and orally), for the State. Jenifer Bensinger...

Hammell v. Warden - 6/27/2001
Merrimack Horton, J., retired, specially assigned under RSA 490:3. The petitioner, Michael Hammell, appeals the denial by the Superior Court (Smukler, J.) of his petition for writ of habeas corpus. We affirm. The...

In re Erik M. - 6/19/2001
Grafton The juvenile, Erik M., appeals from an order of the Superior Court (Fitzgerald, J.) accepting transfer of his case under RSA 169-B:24 by the Franklin District Court (Townley-Tilson, J.). We reverse and remand. The...

State v. Tucker - 1/24/2001
Strafford The defendant, Paul Tucker, was convicted of bribery, see RSA 640:2 (1996), after the Superior Court (Mohl, J.) denied the defendant's motion to suppress a custodial statement. The issue on appeal is whether a custodial...

State v. Patterson - 12/5/2000
Grafton The defendant, Ronald F. Patterson, Jr., appeals from an order of the Superior Court (Fitzgerald, J.) denying his petition to annul his criminal record. We affirm. On March 11, 1991, the defendant was convicted of...

State v. Englesbe - 10/11/2000
Plymouth District Court The defendant, Stephen P. Englesbe, appeals his conviction for driving while intoxicated, see RSA 265:82 (Supp. 1999), after a bench trial in Plymouth District Court (Samaha, J.). The defendant contends...

Lopez v. Director - 8/28/2000
Grafton The defendant, the director of the division of motor vehicles (division), appeals an order of the Superior Court (Smith, J.) vacating an order of the division that revoked plaintiff Michael Lopez's right to operate a...

State v. Pelkey - 7/5/2000
The defendant, Richard Pelkey, was convicted after a jury trial in Superior Court (Arnold, J.) of driving while intoxicated, second offense. See RSA 265:82 (Supp. 1999); RSA 265:82-b, II(a) (Supp. 1999). On appeal, he argues that the...

State v. Hutchins - 2/8/2000
Grafton The defendant, Michael Hutchins, was acquitted on three counts of sexual assault following a jury trial. One additional charge was nolle prossed at the close of the trial. Subsequently, the defendant was indicted for...

State v. Ricci - 10/20/1999
Portsmouth District Court The defendant, Robert A. Ricci, Jr., appeals his conviction for driving under the influence, see RSA 265:82 (Supp. 1998), arguing that the Portsmouth District Court (Giles, J.) erred in denying his...

State v. Porter - 7/29/1999
Belknap After a jury trial in the Superior Court (Smukler, J.), the defendant, Gary Porter, was convicted of kidnapping, see RSA 633:1, I (1996), and aggravated felonious sexual assault, see RSA 632-A:2, I(a) (1996). The court...

State v. Bennett - 7/13/1999
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire,...

State v. Dahood - 4/8/1999
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Clerk/Reporter, Supreme Court of New Hampshire,...

State v. Alexander - 12/23/1998
Sullivan After a jury trial in Superior Court (Morrill, J.), the defendant, Steven Alexander, was convicted of arson, see RSA 634:1, II(a) (1996), for setting fire to the apartment building in which he resided. On appeal, the...

State v. Brown - 12/18/1998
Merrimack The defendant, Robert Brown, appeals his conviction for driving while intoxicated -- second offense. RSA 265:82 (1993) (amended 1993, 1995, 1996). He argues that the Superior Court (McGuire and Manias, JJ.) erroneously...

State of New Hampshire v. Courtemarche - 5/14/1998
Nashua District Court The State appeals the dismissal by the Nashua District Court (Howorth, J.) of its second complaint charging the defendant, Gregory Courtemarche, with driving while intoxicated (DWI), second offense, see RSA...

State of New Hampshire v. Liakos - 4/3/1998
The defendant, Daniel Liakos, brings an interlocutory appeal from a ruling of the Superior Court (Mohl, J.), see Sup. Ct. R. 8, denying his motion to dismiss a negligent homicide indictment. RSA 630:3, I (1996). The defendant argues...

State of New Hampshire v. Williams - 3/18/1998
Following a jury trial, the defendant, Michael E. Williams, was convicted of disobeying an officer and aggravated driving while intoxicated. See RSA 265:4 (1995); RSA 265:82-a (1995) (amended 1996). On appeal, the defendant argues that...

State v. Hayes - 4/5/1994
The State appeals the Superior Court's (Coffey, J.) order granting the defendant's motion to suppress evidence. The motion was granted on the basis that a previous order of the Superior Court (Hampsey, J.), granting the defendant's...

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