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ZYLA v. TURNER, DIRECTOR

No. 90-141.

134 N.H. 259 (1991)

NICHOLAS R. ZYLA v. ROBERT K. TURNER, DIRECTOR OF DEPARTMENT OF SAFETY, DIVISION OF MOTOR VEHICLES.

Supreme Court of New Hampshire.

May 6, 1991.

Attorney(s) appearing for the Case

Joyal & Campbell P.A., of Manchester (Richard J. Joyal on the brief and orally), for the plaintiff.

John P. Arnold, attorney general (David S. Peck, senior assistant attorney general, and Charles T. Putnam, assistant attorney general, on the brief, and Mr. Putnam orally), for the defendant.

HORTON, J.

The director of the division of motor vehicles appeals an order of the Superior Court (McHugh, J.) setting aside a determination of the division revoking the plaintiff's, Nicholas R. Zyla, drivers license pursuant to RSA 265:92 (refusal to submit to alcohol concentration test). The plaintiff appealed the division's determination to the superior court under RSA 263:75, and the de novo hearing on that appeal resulted in the order appealed to...

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