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APPEAL OF STATE OF N.H.

No. 98-161.

144 N.H. 85 (1999)

APPEAL OF THE STATE OF NEW HAMPSHIRE (New Hampshire Department of Safety)

Supreme Court of New Hampshire.

July 26, 1999.

Attorney(s) appearing for the Case

Philip T. McLaughlin, attorney general (Mary Schwarzer and N. William Delker, attorneys, on the brief and orally), for the petitioner.

Stephen T. Jeffco, PA., of Portsmouth (Stephen T. Jeffco and Harry N. Starbranch, Jr. on the brief, and Mr. Starbranch orally), for the respondent.

JOHNSON, J.

The State of New Hampshire appeals a decision of the department of safety dismissing the State's petition for an administrative license suspension against the respondent, Daniel B. Mackenzie, because the police officer's report was not properly sworn. We reverse and remand.

On December 6, 1997, Officer Mark Carignan of the Dover Police Department stopped the respondent for operating a motor vehicle while under the influence of alcohol. The respondent...

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