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State of New Hampshire v. Liakos4/3/1998
The defendant, Daniel Liakos, brings an interlocutory appeal from a ruling of the Superior Court (Mohl, J.), see Sup. Ct. R. 8, denying his motion to dismiss a negligent homicide indictment. RSA 630:3, I (1996). The defendant argues that retrial of this indictment is barred by the Double Jeopardy Clause of the State Constitution. We affirm and remand.
The following facts were adduced at trial. On August 9, 1992, the defendant was driving south on the Spaulding Turnpike. The defendant crossed the double yellow line to pass several vehicles, cut sharply in front of other vehicles, and swerved on the roadway. At one point, the defendant took a sudden ninety degree turn into the opposing lane of traffic and hit the rear of an oncoming vehicle in which the victim was a passenger, causing that vehicle to, in turn, hit another vehicle. As a result of the second collision, the victim was thrown from her vehicle and died.
At the accident scene, while talking to the defendant in his cruiser, a State police officer detected an odor of alcohol. The officer administered a field sobriety test to the defendant, which indicated possible impairment. Another State police officer administered additional field sobriety tests, concluded that the defendant was impaired, and arrested him. Subsequent laboratory tests of a sample of the defendant's blood revealed a blood alcohol content of .0167 and the presence of valium.
On March 11, 1993, an administrative hearing was held at the State Department of Safety, Division of Motor Vehicles, to determine whether to revoke the defendant's license. RSA 263:56, I(g) (1993). The hearings examiner found that the defendant drove in an unlawful and reckless manner, thereby contributing to the fatal accident, and suspended the defendant's driver's license for two years.
The defendant was also indicted on criminal charges arising out of the collision. At trial, the State attempted to prove, inter alia, that the defendant committed the following offenses: (1) aggravated driving while intoxicated (aggravated DWI), causing serious bodily injury while under the influence of valium and alcohol, RSA 265:82-a (1993) (amended 1993, 1996); (2) negligent homicide, causing the death of another while under the influence of valium, RSA 630:3, II (Supp. 1992) (amended 1992, 1993); and (3) negligent homicide, causing the death of another by crossing the double yellow line, RSA 630:3, I. At the close of the evidence, the Superior Court (Dickson, J.) granted the defendant's motion to dismiss the negligent homicide (valium) indictment. The jury acquitted the defendant of aggravated DWI but was unable to reach a unanimous verdict on the negligent homicide (yellow line) indictment. As a result of the deadlock, the trial Judge declared a mistrial on the yellow line indictment. Thereafter, the defendant moved to dismiss the indictment on the grounds that a retrial would violate double jeopardy principles of the State Constitution. The trial court denied the motion. The defendant appeals.
The defendant advances three arguments in support of his contention that retrial of the yellow line indictment is barred by Part I, Article 16 of the New Hampshire Constitution: (1) retrial would require the jury to hear all of the same evidence that was already heard at the previous trial regarding the valium indictment; (2) negligent homicide (yellow line) is a lesser-included offense of negligent homicide (valium), and dismissal of the latter should operate as an acquittal, barring retrial of the former; and (3) the administrative license suspension resulting from the accident, although civil in nature, actually serves as punishment for purposes of double jeopardy.
Page 1 2 3 4 New Hampshire DUI Attorneys
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