State v. Doe

The defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor contrary to RSA 262-A:62 (Supp. 1975). At the time of the alleged offense the defendant was seventeen years and five months old. Prior to trial, he moved that the district court dismiss the complaint on the ground that he was a juvenile or that the complaint should be treated as a juvenile petition. The State objected. The District Court, Gaumont, J., reserved and transferred without ruling the issue of law raised by the motion. This case presents a single issue: Whether a person over 16…