State v. Goding

These cases present the questions whether: 1) a culpable mental state must be alleged and proved in misdemeanor driving while intoxicated cases, and 2) if a culpable mental state must be alleged, whether a defendant who pleads guilty waives his right to challenge subsequently the failure of the State to allege a mens rea.

Both defendants were charged with driving while intoxicated, subsequent offense. This offense is a misdemeanor which carries an enhanced penalty based upon a prior conviction for drunk driving within the previous seven years. RSA 265:82-b, 1(b) (Supp. 1983). Both defendants…