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THE SUPREME COURT OF NEW HAMPSHIRE

  ___________________________

Hillsborough-northern judicial district
No. 2005-921

THE STATE OF NEW HAMPSHIRE

v.

JONATHAN M. POLK

Argued:  February 22, 2007
Opinion Issued:  June 22, 2007

Kelly A. Ayotte, attorney general (Ann M. Rice, associate attorney general, on the brief and orally), for the State.

Law Offices of Robert J. Moses, of Amherst (Robert J. Moses on the brief and orally), for the defendant.

HICKS, J.  The defendant, Jonathan M. Polk, appeals his conviction in Superior Court (Barry, J.) for aggravated driving while intoxicated (aggravated DWI), RSA 265:82-a (2004) (amended 2004; repealed 2006).  We affirm.

The defendant

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