The State of New Hampshire v. Jessica Kelley

Summary

The court affirmed the defendant’s DWI conviction, holding that the improper admission of horizontal gaze nystagmus evidence was harmless beyond a reasonable doubt because overwhelming independent evidence established impairment. It also held that the remaining evidence was sufficient to support conviction and clarified that non-chemical observations may constitute direct evidence of impairment, overruling contrary reasoning to that extent. A further issue was deemed waived because it was not briefed.