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IN RE OPINION OF JUSTICES

Request of the House of Representatives, No. 2010-166.

2 A.3d 1102 (2010)

In re OPINION OF the JUSTICES (ELIMINATING REQUIREMENT FOR ADDITIONAL BREATH TEST SAMPLES).

Supreme Court of New Hampshire.

Opinion Issued: April 27, 2010.

Attorney(s) appearing for the Case

Michael A. Delaney, attorney general (Diana E. Fenton, assistant attorney general, on the memorandum), filed a memorandum on behalf of the State in support of negative answers to the questions presented.

Lothstein Law Office, PLLC, of Concord (Theodore Lothstein on the memorandum), and Burns, Bryant, Cox, Rockefeller & Durkin, P.A., of Dover (John Durkin on the memorandum), and Law Office of Mark Stevens, of Salem (Mark Stevens on the memorandum), filed a memorandum on behalf of the New Hampshire Association of Criminal Defense Lawyers in support of affirmative answers to the questions presented.

David M. Rothstein, acting chief appellate defender, of Concord, and another, filed a memorandum on behalf of the New Hampshire Appellate Defender Program, in support of affirmative answers to the questions presented.

Representative Stephen J. Shurtleff, of Penacook, filed a memorandum on behalf of the Committee on Criminal Justice and Public Safety of the New Hampshire House of Representatives, in support of negative answers to the questions presented.

The New Hampshire House of Representatives adopted the following resolution on March 11, 2010, and filed it with the supreme court on March 15, 2010:

"Whereas, there is pending in the House, House Bill 1146, `An Act eliminating requirements for additional breath tests for blood alcohol content'; and

"Whereas, HB 1146 eliminates the requirement that samples of breath of a DWI suspect be sufficient to allow an additional test for each breath sample taken and...

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