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State v. Chace8/26/2004
The State of New Hampshire appeals a decision of the Portsmouth District Court (DeVries, J.) granting the motion to dismiss the charges brought against the defendant, Kristen Chace, for driving while intoxicated. See RSA 265:82, :82-b, I (Supp. 2003). We reverse and remand.
On July 11, 2003, the defendant was arrested and charged with "driv[ing] a certain motor vehicle on a way known as South Street while under the influence of intoxicating liquor." The complaint informed her that she was required to appear before the district court on the morning of July 18. Because the defendant refused to take a breathalyzer test, the State initiated a separate administrative license suspension (ALS) proceeding against her. See RSA 265:92 (Supp. 2003).
On July 14, the defendant received a letter from a Rockingham assistant county attorney. The letter explained both the minimum and maximum statutory penalties for the violation of driving under the influence, which included fines, loss of license and attendance at an approved alcohol program. It also indicated that if the defendant elected "to enter a plea of guilty at Arraignment, then the State will recommend the statutory minimum penalties." The letter further explained that if she elected to plead not guilty at the arraignment, then a trial would be scheduled, and that she could change her plea to guilty at any time prior to trial. The letter concluded, "However, after arraignment the State will recommend a higher sentence should you later decide to change your plea to guilty; the State will not be recommending the statutory minimums offered at the time of your arraignment." The letter did not refer to the ALS procedure, which could result in an additional, consecutive license suspension.
The defendant filed a motion to dismiss arguing that the letter written by the State was misleading and constituted prosecutorial vindictiveness. She argued it was misleading because it failed to mention the ALS procedure and the fact that the prosecutor retains discretion throughout the process to make sentencing recommendations. The State objected, contending that the letter was based upon an understanding that the minimum sentence is appropriate where a defendant takes responsibility at arraignment, and that nothing prevented the defendant from consulting an attorney at any time. The State argued that all plea offers are mere recommendations to the defendant and the court, and that final decisions rest with the court.
The trial court granted the motion, finding that the letter was inaccurate and misleading. Although the court noted that it did not "think the State, in sending these letters, [wa]s motivated by vindictiveness," it found that the letter confused the defendant to the point of incurring harm. Thus, the court dismissed the case after consideration of lesser remedies.
On appeal, the State argues that the trial court erred in its ruling because the State had no obligation to inform the defendant about the ALS procedure. Alternatively, the State contends that the court should not have dismissed the case because the defendant suffered no prejudice. The defendant argues that the record supports the trial court's decision. She also contends that the State violated her due process rights under the New Hampshire Constitution. See N.H. CONST. pt. I, art. 15.
Part I, Article 15 of the New Hampshire Constitution provides, in pertinent part: "No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by . . . the law of the land." It is well established that "law of the land" connotes due proce
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