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State v. Johnson, 2005-625 (N.H. S.Ct., Jun. 27, 2008)

Fri, 06/27/2008 - 10:04 — NHCaseLaw.com

Topics: DWI, Jury Instructions, Refusal of Chemical Test

Case Information
Document Type: 
Opinion
Case name: 
State v. Johnson
Docket Number: 
2005-625
Date: 
Jun 27 2008
Justice: 
Galway, Richard E.
Jurisdiction: 
N.H. S.Ct.

GALWAY, J. The defendant, Peter Johnson, appeals his conviction in Superior Court (Lewis, J.) for driving while intoxicated, second offense. See RSA 265:82 (2004) (repealed and replaced by RSA 265-A:2 (Supp. 2007)); RSA 265:82-b (2004) (repealed and replaced by RSA 265-A:18 (Supp. 2007)). The defendant argues that the trial court erred in its jury instructions and in its answer to a question from the jury during its deliberations. We affirm.