State v. Pelkey

GEOFF, j.

The defendant, Richard Pelkey, was convicted after a jury trial in Superior Court (Arnold, J.) of driving while intoxicated, second offense. See RSA 265:82 (Supp. 1999); RSA 265:82-b, II(a) (Supp. 1999). On appeal, he argues that the trial court erred in admitting a statement he made as he was leaving the police station. We reverse .and remand.

The following facts were adduced at trial. On March 10, 1998, at approximately 1:00.a.m., Keene Police Officer Peter Thomas followed the defendant as he drove out of the parking lot of a local club. After following him for approximately two…