State v. Caswell

GROFF, J.,

superior court justice, specially assigned under RSA 490:3. The defendant, Dana M. Caswell, appeals from Somersworth District Court (Roberts, J.) convictions of operating a motor vehicle while having a blood alcohol concentration above 0.08, see RSA 265:82 (Supp. 2000), and speeding, see RSA 265:60 (Supp. 2000). We reverse in part, affirm in part and remand.

The following facts were adduced at trial. On November 27, 1998, Sergeant Stephen Bourque stopped the defendant for speeding after his radar unit indicated that the defendant was traveling in excess of the posted speed limit.…