Opinion

State v. Wong

  • 125 N.H. 610
  • 486 A.2d 262
  • 1984 N.H. LEXIS 413
Court
Supreme Court of New Hampshire
Filed
Oct 26, 1984
Status
Published
Author
Douglas
On the bench
Batchelder, Douglas, Grindle, King
Cited by
33 cases
Authority
More cited than 5.3%

explaining that, under RSA 630:3, I, II, the culpability requirement of negligent homicide may be satisfied either by showing that a person caused the death of another negligently or by establishing that the person caused the death in the course of driving while under the influence

How later courts described this case

  • explaining that, under RSA 630:3, I, II, the culpability requirement of negligent homicide may be satisfied either by showing that a person caused the death of another negligently or by establishing that the person caused the death in the course of driving while under the influence
  • holding drunken driving in violation of statute is not merely malum prohibitum, but is malum in se
  • rejecting overbreadth argument where, “[i]n prohibiting a person from causing death as a consequence of driving an automobile while under the influence of intoxicating liquor, [the statute] does not infringe a protected freedom”
  • rejecting overbreadth argument where, “[i]n prohibiting a person from causing *436 death as a consequence of driving an automobile while under the influence of intoxicating liquor, [the statute] does not infringe a protected freedom”

Written by the judges who cited it.

The opinion

Douglas, J.,

concurring specially: I concur in the portion of part III, A, wherein the majority holds that the due process clause did not mandate that defendant Grindle be provided an additional breath sample for independent analysis, while reaffirming my special concurrence in State v. Cornelius, 122 N.H. 925, 928-29 , 452 A.2d 464, 465-66 (1982). It is significant that the facts in the instant *633 case occurred prior to February 1, 1983. Had they occurred after that date, a second breath test sample or its functional equivalent would have been required by the due process clause of the New Hampshire Constitution. N.H. CONST, pt. I, art. 15.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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