State v. Payne

The question in this case is whether imprisonment and fine in excess of $100 may be imposed for a violation of RSA 262-A:61 (Supp. 1973) (Reckless Operation of a Motor Vehicle) when death does not result.

Defendant was convicted of reckless driving pursuant to RSA 262-A:61 (Supp. 1973) and was sentenced to pay a fine of $200 with a sixty-day loss of license, and sixty days in the house of correction suspended upon payment of the fine. Defendant made timely objection to the imposition of the house of correction sentence and the fine in excess of $ 100. The questions of law raised were…