New Hampshire v. Pinault
Annotate this CaseIn 2013, defendant Louise Pinault was involved in two motor vehicle accidents in Hollis. She was charged with driving under the influence (DUI) and with violating the “conduct after an accident” statute. Following a bench trial, during which defendant represented herself, she was acquitted on the DUI charge, but was convicted on a conduct after an accident charge. As part of her sentence, she was ordered to pay $525 in restitution for property damage. Defendant moved for reconsideration, arguing that the complaint alleging conduct after an accident was insufficient and that the restitution order was improper. The trial court denied the motion and this appeal followed. On appeal, defendant argued: (1) the trial court improperly ordered restitution because the only offense for which she was convicted did not cause any economic loss; and (2) the complaint against her was insufficient to support her conviction. Upon review, the Supreme Court reversed in part, and affirmed in part. The Court found: (1) the plain language of the restitution statute clearly and unambiguously required a causal connection between the criminal act and the economic loss or damage, and the crime for which the defendant was convicted necessarily occurred afterward. As the damage was already done, the defendant’s criminal conduct did not cause the economic loss suffered; and (2) the alleged deficiency in the complaint did not affect the outcome of the case, therefore failing to demonstrate plain error.
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