State v. Burroughs

The sole question to be decided is whether a court may suspend any portion of the penalties prescribed by RSA 262-A:62 (Supp. 1972) upon a second conviction of operating a motor vehicle while under the influence of intoxicating liquors. This statute prescribes that the operator “shall be imprisoned for not less than ten days nor more than six months. . . and fined not less than five hundred nor more than one thousand dollars”. On January 19, 1972, the defendant pleaded guilty to such operation and because of a prior conviction became subject to the above penalties. The Presiding Justice…