State of New Hampshire v. Bryan Maga
166 N.H. 279
| N.H. | 2014Background
- Defendant Bryan Maga, 19, stopped for a defective brake light; officer smelled alcohol and observed glassy, red eyes; Maga admitted drinking one beer about 30 minutes prior; failed to produce license; Maga admitted two beers; he submitted to field sobriety tests.
- Officer: observed three impairment indicators and arrested Maga; at station, another officer conducted breathalyzer test showing BAC 0.09.
- Charges: DUI under RSA 265-A:2, I(a) and I(b) (under 21; BAC >0.02).
- Pretrial: Maga objected to admission of a breathalyzer maintenance certificate; argued its statements were testimonial under Confrontation Clause. The court admitted the certificate.
- Trial: defense moved to dismiss for lack of probable cause; court denied; Maga was found guilty of BAC >0.02 while under 21 (second count status unclear).
- Appeal: challenge of breathalyzer certificate and probable cause ruling; issues addressed and court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause applicability to breathalyzer certificate | Maga: certificate is testimonial; requires cross-examination | State: certificate not testimonial; admissible as foundation for evidence | Certificate not testimonial; admissible; no Crawford/Melendez error |
| Probable cause for arrest for DUI | Maga: lack of indicators; motor vehicle normal behavior | State: combined factors supported probable cause | Probable cause supported; arrest valid |
Key Cases Cited
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (U.S. 2009) (drug certificates are testimonial when prepared for trial)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation required for testimonial statements)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs. nontestimonial determination)
- State v. Brooks, 164 N.H. 272 (N.H. 2012) (confrontation standard under New Hampshire Constitution)
- State v. Munoz, 157 N.H. 143 (N.H. 2008) (confrontation analysis under State Constitution)
- Zeininger v. Commonwealth, 947 N.E.2d 1060 (Mass. 2011) (breathalyzer certificates as non-testimonial)
- Ohio v. Roberts, 448 U.S. 56 (U.S. 1980) (four-factor framework for admissibility of out-of-court statements)