State v. Mullen

The defendant has been charged with operating a motor vehicle while intoxicated (second offense). RSA 262-A:62 I, as amended, Laws 1979, 362:1 (hereinafter cited as RSA 262-A:62 I (as amended)). The defendant pleaded not guilty and, pending trial on the merits, the District Court {Harkaway, J.) transferred three important questions of law concerning interpretation of this recently enacted statute. RSA 491:17.

RSA 262-A:62 I (as amended) reads, in pertinent part,, as follows:

Upon conviction based on a complaint which alleges that the person has had a prior conviction in this state or another…