STATE v. SYMONDS

No. 87-415

131 N.H. 532 (1989)

THE STATE OF NEW HAMPSHIRE v. KENNETH SYMONDS

Supreme Court of New Hampshire.

April 7, 1989


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (William H. Lyons, assistant attorney general, on the brief and orally), for the State.

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


THAYER, J.

This is an appeal by the State, pursuant to RSA 606: 10, II(a), of an order by the Goffstown District Court (Pingree, J.) suppressing the results of Kenneth Symonds' breath test because the police had destroyed a second breath sample. The State asserts that the trial court erred in suppressing the results of the State's breath test, because the police acted in conformance with the implied consent procedure by informing the defendant that he had thirty...

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