State v. Clyde

The defendant, Alison M. Clyde, appeals from her conviction in the Plymouth District Court (Kent, J.) on a charge of driving while under the influence of intoxicating liquor. See RSA 265:82,1(a) (Supp. 1999). The defendant argues, among other things, that there was insufficient evidence at trial to support her conviction, and that the trial court erred in failing to find that evidence of her blood alcohol concentration of 0.03 was prima facie evidence of non-impairment under RSA 265:89. We reverse.

The nineteen-year-old defendant was stopped by the arresting officer because the headlight on…