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STATE v. JENKINS

No. 85-447. No. 85-549.

128 N.H. 672 (1986)

THE STATE OF NEW HAMPSHIRE v. DAVID G. JENKINS THE STATE OF NEW HAMPSHIRE v. RICHARD A. DICKSON, JR.

Supreme Court of New Hampshire.

October 3, 1986.

Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Robert B. Muh, assistant attorney general, on the brief, and Bradford W. Kuster, assistant attorney general, orally), for the State.

Tybursky & Watson, of Portsmouth (Stephen J. Tybursky on the brief and orally), for the defendants.

BROCK, J.

These two cases, consolidated on appeal, present the question whether principles of due process or equal protection require that an individual arrested for driving while intoxicated, RSA 265:82 (Supp. 1985), be advised, prior to submitting to a chemical test for intoxication, that the results of the test may result in a charge for the more serious offense of aggravated driving while intoxicated, RSA 265:82-a (Supp...

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