State v. Welch

The issue in this driving-under-the-influence case is whether it was error not to grant a mistrial because of an unresponsive answer of a State’s witness. We reverse.

At this twenty-three-year-old defendant’s trial by jury for operating a motor vehicle while under the influence of intoxicating liquor in violation of RSA 262-A:62, there was evidence that a breathalyzer test showed a reading of 0.26%. A videotape taken at the police station apparently showed that the defendant performed well in so-called sobriety tests. The Trial Court (Wyman, J.) asked Police Officer Tanguay, a State’s witness,…