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STATE v. CASWELL

No. 99-203.

146 N.H. 243 (2001)

THE STATE OF NEW HAMPSHIRE v. DANA M. CASWELL

Supreme Court of New Hampshire.

April 4, 2001.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Constance N. Stratton, assistant attorney general, on the brief and orally), for the State.

McKittrick Law Offices, of North Hampton (J. Joseph McKittrick on the brief and orally), for the defendant.

GROFF, J., superior court justice, specially assigned under RSA 490:3.

The defendant, Dana M. Caswell, appeals from Somersworth District Court (Roberts, J.) convictions of operating a motor vehicle while having a blood alcohol concentration above 0.08, see RSA 265:82 (Supp. 2000), and speeding, see RSA 265:60 (Supp. 2000). We reverse in part, affirm in part and remand.

The following facts were adduced at trial. On November 27, 1998, Sergeant...

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