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ASMUSSEN v. COMM'R, N.H. DEP'T OF SAFETY

No. 97-787.

145 N.H. 578 (2000)

KERRY ASMUSSEN & a. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF SAFETY & a.

Supreme Court of New Hampshire.

December 28, 2000.

Attorney(s) appearing for the Case

Stein, Volinsky & Callaghan, P.A., of Concord (Peter G. Callaghan on the brief, and Robert A. Stein orally), for the intervenors.

Philip T. McLaughlin, attorney general (Christopher P. Reid, senior assistant attorney general, on the brief, and Douglas N. Jones, assistant attorney general, orally), for the defendants.

Kerry P. Steckowych, of Goffstown, and George E. Wattendorf, of Dover, on the brief and orally, as amicus curiae for the New Hampshire Chief's of Police Association, Inc. and the New Hampshire District Court Prosecutor's Association.

BROCK, C.J.

The defendants, the Commissioner of the New Hampshire Department of Safety and the Director of the New Hampshire Division of Motor Vehicles, appeal a decree of the Superior Court (Brennan, J.) granting a petition for declaratory judgment regarding policies affecting administrative license suspensions. See RSA 265:91-a, :91-b (1993 & Supp. 1999). We affirm in part, reverse in part, vacate in part, and remand.

We summarize the pertinent...

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