STATE v. CHACE

No. 2003-682

151 N.H. 310 (2004)

THE STATE OF NEW HAMPSHIRE v. KRISTEN CHACE

Supreme Court of New Hampshire

Opinion Issued: August 26, 2004


Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Susan P. McGinnis, assistant attorney general, on the brief and orally), for the State.

Andrew F. Cotrupi, of Hampton, on the brief and orally, for the defendant.

Brennan, Caron, Lenehan & Iacopino, of Manchester (Michael J. Iacopino, on the brief), for New Hampshire Association of Criminal Defense Lawyers, as amicus curiae.


NADEAU, J.

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 (Supp. 2003). We reverse and remand.

On July 11, 2003, the defendant was arrested and charged with "driv[ing] a certain motor vehicle on a way known as South Street while under the influence of intoxicating...

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