State v. Bennett

The defendant is charged with operating a motor vehicle while under the influence of intoxicating liquor. RSA 262-A:62 (Supp. 1975; Laws 1973, 528:321.) The defendant moved to dismiss the charge. After a hearing the District Court (Calderwood, J.) denied the motion and reserved and transferred the defendant’s exceptions with the following agreed statement:

“The facts were that a State Police officer was parked off Route #108 in Madbury, a few hundred feet from the City Line of Dover.

“The defendant driving out of an entrance in Dover was observed to drive out in front of an approaching vehicle…