STATE v. KUPETZ

No. 7252

115 N.H. 722 (1975)

STATE OF NEW HAMPSHIRE v. JOHN L. KUPETZ

Supreme Court of New Hampshire.

December 31, 1975


Attorney(s) appearing for the Case

Warren B. Rudman, attorney general, Gregory H. Smith and Thomas D. Rath, assistant attorneys general (Mr. Rath orally), for the State.

Wescott, Millham & Dyer (Mr. Rodney N. Dyer orally) for the defendant.


GRIFFITH, J.

The defendant in this case was charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of RSA 262-A:62 (Supp. 1975). The Court, Snierson, J., transferred under the provisions of RSA 502-A:17-a (Supp. 1975) the question of whether the results of a breathalyzer test are admissible when the test is administered by the arresting officer.

RSA 262-A:69-a (Supp. 1975), the implied consent law, provides...

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