CONCORD, N.H. — New Hampshire’s Supreme Court has reversed one of two drunken driving convictions against a man in a collision, agreeing with his lawyer that the language of the law supported only one charge.
James Fogg was convicted of two aggravated DWI charges stemming from a November 2014 accident with another vehicle in Concord, New Hampshire. Both occupants of the other vehicle suffered serious injuries. Fogg said he had fallen asleep after using marijuana. A blood sample tested positive for several drugs.
Lawyers for the state said the law allows multiple counts of the DWI charge to be brought in the event multiple individuals suffer serious injuries. The Supreme Court on Tuesday said under that view, someone could face those charges for attempting to elude police by increasing speed and then abandoning a vehicle, or by exceeding the speed limit twice within a few moments.