State v. Gallagher

These consolidated cases are before the court on interlocutory transfer without ruling. See SUP. Ct. R. 9. We accept the facts as presented in the interlocutory transfer. See McDonald v. Town of Effingham Zoning Bd. of Adjustment, 152 N.H. 171, 172 (2005). The defendants, Shannon Gallagher and Timothy A. Hughes, both pled guilty, pursuant to negotiated pleas, to their second offense of driving while under the influence (DWI). See RSA 265-A:2 (Supp. 2007). Driving records which showed that Gallagher had previously been convicted pursuant to RSA 265:82 (2004) (repealed 2007), and Hughes…