State v. Welch

The defendant was being tried by jury on a charge of operating a motor vehicle while under the influence *689of intoxicating liquor in violation of RSA 262-A:62. There was evidence introduced by agreement 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 judge asked police officer Tanguay, a State’s witness, how he could reconcile the defendant’s performance on videotape with the breathalyzer reading and if there was anything wrong with the breathalyzer machine. The…