STATE v. DAHOOD

No. 99-510.

148 N.H. 723 (2002)

THE STATE OF NEW HAMPSHIRE v. MICHAEL DAHOOD

Supreme Court of New Hampshire.

Opinion Issued: December 20, 2002.


Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Constance N. Stratton, assistant attorney general, on the brief and orally, and Brian M. Quirk and Jeffery A. Strelzin, assistant attorneys general, on the supplemental memorandum), for the State.

Jenifer Bensinger Ackerman, assistant appellate defender, of Concord, and Carl Olsen, assistant appellate defender, of Littleton (Ms. Ackerman on the brief, and Mr. Olsen orally, and Albert E. Scherr and Keith Barnaby, of Concord, on the supplemental memorandum), for the defendant.

Kerry P. Steckowych, of Goffstown, and George E. Wattendorf, of Dover, on the brief, for the New Hampshire Association of Chiefs of Police, Inc., as amicus curiae.


DALIANIS, J.

The defendant, Michael Dahood, appeals his conviction for driving while under the influence of intoxicating liquor, second offense, see RSA 265:82-b (1993 & Supp. 2002), following a jury trial in the Concord District Court. The sole issue presented on appeal is whether the Horizontal Gaze Nystagmus (HGN) test, as administered in New Hampshire, is admissible at trial. We hold that the test is admissible and affirm the defendant's conviction...

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