STATE v. GREENE

No. 85-202.

128 N.H. 317 (1986)

THE STATE OF NEW HAMPSHIRE v. HELEN GREENE

Supreme Court of New Hampshire.

July 17, 1986.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Tina Schneider, assistant attorney general, on the brief and orally), for the State.

Craig F. Evans, of Durham, by brief and orally, for the defendant.


JOHNSON, J.

This interlocutory transfer without ruling from the Superior Court (Nadeau, J.) concerns a motion to suppress the results of an intoximeter 3000 breath sample test. We hold that the motion to suppress should be denied.

The defendant presents the following questions for review: (1) whether a defendant has a statutory right under RSA 594:16, I (Supp. 1983) to consult with counsel prior to deciding whether to take or refuse to take a breath...

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