Cited by
Opinions in New Hampshire that cite State v. Wiggin, 855 A.2d 1250.
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State of New Hampshire v. Gregory Smith
N.H. 2024
Although the defendant emphasizes different facts and conflicting evidence, and offers alternative explanations and interpretations of the evidence — challenging, among other things, the credibility of the officers, the accuracy of the radar unit, and the results of the field sobriety testing — “any conflicts in the evidence are for the fact finder to resolve.” State v. Wiggin, 151 N.H. 305, 310 (2004).
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State of New Hampshire v. William Nye
N.H. 2020
To prove that a defendant is “under the influence of intoxicating liquor,” the State need only prove impairment to any degree.
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State of New Hampshire v. Taylor M. Kenny
N.H. 2020
weakens the inference” “that the defendant sought to suppress evidence of his guilt” by refusing to take a breath test); cf. State v. Ducharme, 167 N.H. 606, 612 (2015) (weighing an officer’s observations of “a distinctive odor of alcohol coming from [the defendant’s] breath” in favor of finding that probable cause existed to arrest the defendant for DUI (quotation omitted)); State v. Wiggin, 151 N.H. 305, 309 (2004) (concluding that sufficient evidence existed to support a DUI conviction when 1
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State v. Suzanne Walsh
N.H. 2018
To prove that the defendant was guilty, the State was required to prove beyond a reasonable doubt that she “drove or attempted to drive a vehicle upon a way while [she] was under the influence of intoxicating liquor.” State v. Wiggin, 151 N.H. 305, 309 (2004) (quotation omitted); see also RSA 265-A:2, I(a).
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State of New Hampshire v. Michael Flynn
N.H. 2017
To prove that the defendant was guilty under RSA 265-A:2, the State was required to prove beyond a reasonable doubt that “the defendant drove or attempted to drive a vehicle upon a way while he was under the influence of intoxicating liquor.” State v. Wiggin, 151 N.H. 305, 309 (2004) (quotation omitted); see also RSA 265-A:2, I(a).
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State v. Dilboy
160 N.H. 135
N.H. 2010
We have held that to prove a driver was “under the influence,” the State need prove only that the driver was impaired “to any degree.” State v. Wiggin, 151 N.H. 305, 309 *165 (2004).
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Barnet v. WARDEN, STATE PRISON FOR WOMEN
986 A.2d 579
N.H. 2009
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous.
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State v. Breed
977 A.2d 463
N.H. 2009
Any conflicts in the evidence were for the jury to resolve.
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State v. MacDonald
943 A.2d 765
N.H. 2008
while such person is under the influence of intoxicating liquor.” To prove that the defendant was “under the influence of intoxicating liquor,” the State need only prove that the defendant was impaired to any degree.
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State v. O'MALEY
932 A.2d 1
N.H. 2007
“[T]o prove the defendant guilty of driving while intoxicated, the State was required to prove beyond a reasonable doubt that the defendant drove or attempted to drive a vehicle upon a way while he was under the influence of intoxicating liquor.” State v. Wiggin, 151 N.H. 305, 308-09 (2004) (quotation omitted); see RSA 265:82,1.
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State v. Giddens
922 A.2d 650
N.H. 2007
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous.
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State v. Brown
930 A.2d 410
N.H. 2007
“The suspect’s conduct and other specific facts must create a ‘significant possibility of criminality.’” State v. Wiggin, 151 N.H. 305, 308 (2004) (quoting State v. Vadnais, 141 N.H. 68, 70 (1996)).
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State v. Shannon
920 A.2d 1163
N.H. 2007
In reviewing the trial court’s ruling, we accept its factual findings unless they lack support in the record or are clearly erroneous.