STATE v. LALIBERTE

No. 83-248.

124 N.H. 621 (1984)

THE STATE OF NEW HAMPSHIRE v. LEO J. LALIBERTE

Supreme Court of New Hampshire.

March 2, 1984.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Donald J. Perrault, assistant attorney general, on the brief, and Michael A. Pignatelli, assistant attorney general, orally), for the State.

James E. Duggan, appellate defender, of Concord, by brief and orally, for the defendant.


MEMORANDUM OPINION

The defendant appeals his conviction of driving while intoxicated, second offense. RSA 265:82. He alleges that the Superior Court (Cann, J.) erred in denying his motion in limine, which asked the superior court to determine, before trial, the admissibility of the fact of the defendant's refusal to take a breathalyzer test.

At the hearing on the motion, the defendant raised, and the court addressed, the issue of admissibility...

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