State v. Tarantino

After a bench trial, the Derry District Court (Thornton, J.) convicted the defendant, Mark Tarantino, of driving while intoxicated. See RSA 265:82 (1993). On appeal, the defendant asserts that the trial court erred in denying his motions to dismiss and to set aside the verdict based upon insufficiency of the evidence. We reverse.

In the evening of October 6, 1993, Londonderry Police Officer Jack Slade noticed an empty pickup truck in the entrance of the Londonderry Baptist Church, off Route 128. As he approached the truck, Slade observed that the engine was running and smoking. Further…