HARLAN v. STATE

No. 6589

113 N.H. 194 (1973)

SHIRLEY L. HARLAN v. STATE of NEW HAMPSHIRE

Supreme Court of New Hampshire.

April 30, 1973


Attorney(s) appearing for the Case

Emile R. Bussiere and Kenneth R. McHugh (Mr. McHugh orally) for the plaintiff.

Warren B. Rudman, attorney general, and John C. Boeckeler, attorney (Mr. Boeckeler orally), for the State.


KENISON, C.J.

The question transferred for decision in this case is "whether a law enforcement officer who has arrested the operator of a motor vehicle for driving while intoxicated and who has followed the procedures of RSA 262-A:69-c is required to give a chemical test to the operator when the operator at first refuses but changes his mind one hour after such refusal and then requests the test."

On August 6, 1972, the plaintiff was arrested and charged with...

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