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STATE v. MARTIN

Nos. 83-350, 83-356.

125 N.H. 672 (1984)

THE STATE OF NEW HAMPSHIRE v. GLENN MARTIN THE STATE OF NEW HAMPSHIRE v. PATRICIA ALCORN

Supreme Court of New Hampshire.

November 9, 1984.

Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (T. David Plourde, assistant attorney general, on the brief, and Michael A. Pignatelli, assistant attorney general, orally), for the State.

David M. Groff, of Pelham, by brief and orally, for the defendant Glenn Martin.

Kozlowski, Gauthier and Parodi, of Nashua (Robert M. Parodi on the brief and orally), for the defendant Patricia Alcorn.

SOUTER, J.

Each defendant was charged under RSA 265:82 (Supp. 1983) with driving while under the influence of intoxicating liquor. Although the police did not request either defendant to submit to a chemical test, in the district court each claimed a legal and constitutional right to be provided with a sample of breath, blood or urine for testing to indicate blood alcohol content, and each moved to dismiss the complaint for the State's failure to provide such a sample...

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