STATE v. L'HEUREUX

No. 2003-242.

150 N.H. 822 (2004)

THE STATE OF NEW HAMPSHIRE v. LAURENT L'HEUREUX.

Supreme Court of New Hampshire.

Opinion Issued: April 23, 2004.


Attorney(s) appearing for the Case

Peter W. Heed, attorney general (Jonathan V. Gallo, assistant attorney general, on the brief and orally), for the State.

Brennan, Caron, Lenehan & Iacopino, of Manchester (Michael J. Iacopino on the brief and orally), for the defendant.


NADEAU, J.

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. 2003). On appeal, the defendant argues that the trial judge erred in finding, as a matter of law, that the defense of competing harms was unavailable to him. See RSA 627:3 (1996). We vacate and remand...

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