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Indeed, as we have previously noted, “[h]istorically [the privilege against self-incrimination] originated as a reaction to the practice in the early English courts of compelling a witness to be sworn and give testimony concerning his guilt.” State v. Arsenault, 115 N.H. 109, 112 (1975); accord Doe v. United States, 487 U.S. 201, 212 (1988) (“Historically, the privilege was intended to prevent the use of legal compulsion to extract from the accused a sworn communication of facts which would incr

In reaching our holding in Lorton, however, we relied in part upon dicta in State v. Arsenault, 115 N.H. 109, 111 (1975), where we stated: “Admittedly the results of the field sobriety tests do not possess the scientific reliability or the same degree of certitude attributed to the chemical analysis of the alcoholic blood content by a breathalyzer or other such methods.” In Arsenault, the issues were whether evidence obtain

Relying upon State v. Arsenault, 115 N.H. 109 (1975), and its progeny, however, the State argues that Beaudry’s testimony was lay testimony based upon his observations of the defendant while the test was being administered.

Any other unknown data or assumptions are matters which affect the weight of the evidence but do not, on this record, preclude its admissibility.

be compelled to accuse or furnish evidence against himself.” We have previously recognized that “this privilege originated as a reaction to the practice in early English courts of compelling a witness to be sworn and give testimony concerning his guilt.” State v. Arsenault, 115 N.H. 109, 112 (1975).

Moreover, while the statement was conclusory in nature, a lay person is qualified to identify intoxication, Arsenault, 115 N.H. 109, 111 (1975), and a lay person’s opinion on intoxication is admissible at trial, State v. Slayton, 116 N.H. 613, 616 (1976).

the one-leg stand tests “enhance the basis and reliability of [the officer’s] opinion as to whether the driver’s performance has been adversely affected by intoxicating liquor,” their results “do not possess the scientific reliability or the same degree of certitude attributed to the chemical analysis of the alcoholic blood content by a breathalyzer or other such methods.” State v. Arsenault, 115 N.H. 109, 111 (1975).

If it is of aid to a judge or jury, its deficiencies or weaknesses are a matter of defense, which affect the weight of the evidence but do not determine its admissibility.

The deficiencies and weaknesses of the State’s evidence “are a matter of defense which affect the weight of the evidence but do[] not determine its admissibility.” State v. Arsenault, 115 N.H. 109, 111 (1975) (quotation omitted).

evidence does not have to be infallible to be admissible.” State v. Arsenault, 115 N.H. 109, 111, 336 A.2d 244, 246 (1975) (brackets and quotation omitted).

Aside from these requisite factors, any other unknown data or assumptions are “a matter of defense which affect the weight of the evidence but [do] not determine its admissibility.” State v. Arsenault, 115 N.H. 109, 111, 386 A.2d 244, 246 (1975).

State v. Arsenault, 115 N.H. 109, 111, 336 A.2d 244, 245 (1975) (lay witnesses are qualified to identify intoxication).

We previously have stated that requiring a defendant to furnish a handwriting exemplar does not violate the defendant’s rights under part I, article 15 of our State Constitution because the action is non-testimonial in nature.

Although his brief before us likewise refers to the same provision (as well as to its counterpart in part I, article 15 of the State Constitution, see State v. Arsenault, 115 N.H. 109, 112, 336 A.2d 244, 246 (1975)), the respondent virtually concedes that the fifth amendment privilege from compulsion to be a witness against one’s self “in any criminal case” has no bearing on the admissibility in a civil commitment proceeding of a statement already given.

Griffin v. California, 380 U.S. 609, 611 (1965); State v. Cormier, 127 N.H. 253, 255, 499 A.2d 986, 988 (1985); State v. Arsenault, 115 N.H. 109, 112, 336 A.2d 244, 246 (1975).

346, 357, 209 A.2d 110, 116 (1965).” State v. Arsenault, 115 N.H. 109, 112, 336 A.2d 244, 246 (1975); see also State v. Sturtevant, 96 N.H. 99, 103, 70 A.2d 909, 911-12 (1950).

To support a finding that the defendant motorist was driving while intoxicated, the State may introduce evidence indicating that the driver’s performance was “adversely affected by intoxicating liquor.” See State v. Arsenault, 115 N.H. 109, 111, 336 A.2d 244, 246 (1975).

State v. Arsenault, 115 N.H. 109, 111, 336 A.2d 244, 245 (1975); State v. Pike, 49 N.H. 399, 407 (1870).

While lay opinion testimony as to state of intoxication has always been admissible, State v. Arsenault, 115 N.H. 109, 112, 336 A. 2d 244, 246 (1975), there is nothing wrong in leaving the decision on this issue to the trier of fact upon the evidence presented.

State v. Arsenault, 115 N.H. 109, 336 A.2d 244 (1975), held competent the testimony of arresting officers as to the results of field sobriety tests they conducted with defendants prior to arrest.

No fifth amendment rights are involved.

This issue was decided adversely to the defendant in State v. Arsenault, 115 N.H. 109, 336 A.2d 244 (1975).

The trial court could properly decide that the officer’s testimony would be of aid to thejury.