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STATE v. WILLARD

No. 93-834.

139 N.H. 568 (1995)

THE STATE OF NEW HAMPSHIRE v. SCOTT WILLARD

Supreme Court of New Hampshire.

June 6, 1995.

Attorney(s) appearing for the Case

Jeffrey R. Howard, attorney general (John A. Stephen, assistant attorney general, on the brief and orally), for the State.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant.

BROCK, C.J.

The defendant, Scott Willard, was charged with driving a motor vehicle after being certified as an habitual offender, RSA 262:23 (1993), and driving while under the influence of alcohol, second offense, RSA 265:82 (1993) (amended 1993). Prior to trial, the Superior Court (Mohl, J.) granted the defendant's motion to dismiss the charges. The State appeals only the dismissal of the driving under the influence charge. We reverse and remand.

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