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Old 12-19-2008, 06:24 AM   #404
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Post Erroneous on-line & print information.

Quote:
Originally Posted by Airwaves View Post
There is one more count to the indictment handed down that I am not familiar with. This is taken from the NH law firm blog I linked to in my last post.

What does that mean?
Elements of both the Union Leader story and the blog you cite are in error. That is why the best and only reliable source is the Belknap County Attorney's Office.

She is charged with negligent homicide in a dual indictment, a common practice in cases like this.

The stronger indictment is the aggravated DWI accusation with death resulting. This is a Class A felony, with a possible penalty of imprisonment in excess of seven years.

A "fall back" indictment, in case the State cannot get a conviction on the impairment evidence they intend to introduce, will be negligent homicide based on some aspects of the operation of the vessel that night. Less the proof of alcohol or drug impairment, Negligent Homicide is a Class B felony with possible imprisonment not to exceed 7 years.

For those wishing to research the matter further, penalty definitions can be found under RSA 625:9 and Negligent Homicide information can be found by perusing RSA 630:3.

Hope this clears it up a little better....
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