 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Hull7/21/2003
e to Officer Paquette and that he struck the officer with his truck; the DUI indictment did not. While the State may have used evidence of the defendant's intoxication to prove recklessness and may have used evidence of the defendant driving too close to the police officer to prove intoxication, such evidence was not required to prove the elements of the indictments as charged. See MacLeod, 141 N.H. at 429-30.
It does not matter how overlapping, reciprocal, or similar the evidence used to sustain the indictments was if a difference in evidence is actually required to prove the crime charged. See McKean, 147 N.H. at 201-02. For the same reason, it does not matter that the two charges arose out of the same transaction. See id. The evidence required to prove the DUI indictment could not have sustained the reckless conduct indictment as charged. Therefore, we hold that the defendant's convictions for the two offenses as charged do not offend double jeopardy.
Affirmed.
DALIANIS and DUGGAN, JJ., concurred.
|