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STATE v. SLAYTON

No. 7184.

116 N.H. 613 (1976)

STATE OF NEW HAMPSHIRE v. DAVID L. SLAYTON.

Supreme Court of New Hampshire.

October 29, 1976.

Attorney(s) appearing for the Case

David H. Souter, attorney general, and Edward N. Damon, assistant attorney general (Mr. Edward A. Haffer orally), for the State.

Holland & Aivalikles (Mr. Francis G. Holland orally) for the defendant.

BOIS, J.

The defendant was charged with the operation of a motor vehicle while under the influence of intoxicating liquor. RSA 262-A:62 (Supp. 1975).

At approximately 7:10 p.m., on December 22, 1974, the defendant, David L. Slayton, was parked in the breakdown lane of the Merrimack portion of the F.E. Everett Turnpike, a short distance from the toll booths. A State police officer patrolling in the then moderate to...

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