STATE v. BERKER

No. 76-90-Appeal.

391 A.2d 107 (1978)

STATE v. James L. BERKER, Sr.

Supreme Court of Rhode Island.

August 24, 1978.


Attorney(s) appearing for the Case

Julius C. Michaelson, Atty. Gen., E. Martin Stutchfield, Special Asst. Atty. Gen., for plaintiff.

Aram K. Berberian, Cranston, for defendant.


OPINION

BEVILACQUA, Chief Justice.

James Berker was tried before a justice of the Superior Court and convicted of driving under the influence of liquor in violation of G.L.1956 (1968 Reenactment) § 31-27-2. He is before us challenging the legality of his arrest and the admissibility into evidence of the breathalyzer results seized following that arrest.

On March 18, 1973, at approximately 1:41 a. m., Warwick police officers were dispatched to...

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