State v. Bernard

MEMORANDUM OPINION

DALIANIS, J.

Pursuant to RSA 606:10 (2001), the State appeals an order of the Hooksett District Court (LaPointe, J.) dismissing a complaint against the defendant, Evelyn Bernard, for failure to obey a command at the scene of an emergency. See RSA 154:9 (2002). We reverse and remand.

The following allegations are undisputed on appeal. On April 16, 2007, at approximately 2:41 p.m., Chief Everett Chaput of the Allenstown Fire Department declared a state of emergency in portions of Allenstown that had become flooded. Chief Chaput instructed his officers to enforce a mandatory…