State v. James Fogg

The defendant, James Fogg, appeals an order of the Superior Court ( McNamara , J.) denying his motion to dismiss one of the two counts of aggravated driving while intoxicated (DWI) of which he was convicted. See RSA 265-A:3 (2014). On appeal, the defendant asserts that the trial court's interpretation of RSA 265-A:3 is incongruent with the statute's text and legislative history, and also violates his double jeopardy rights under the State and Federal Constitutions. We reverse in part, vacate in part, and remand.

I

The pertinent facts are as follows. On November 11, 2014, at approximately 3:40…