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SYLVESTER v. DIR., DIV. OF MOTOR VEHICLES

No. 87-023

130 N.H. 27 (1987)

RICHARD W. SYLVESTER v. DIRECTOR, DIVISION OF MOTOR VEHICLES

Supreme Court of New Hampshire

October 15, 1987

Attorney(s) appearing for the Case

Roussos & Boeckeler, of Manchester (John C. Boeckeler on the brief and orally), for the plaintiff.

Stephen E. Merrill, attorney general (Larry M. Smukler, assistant attorney general, on the brief and orally), for the defendant.

THAYER, J.

After the plaintiff was arrested for driving while under the influence of intoxicating liquor (DWI) and exercised his statutory right to refuse to take a blood alcohol test, the defendant revoked the plaintiff's non-resident operating privileges for one year. The Superior Court (Dalianis, J.) rescinded the revocation, and the defendant appeals. The plaintiff also filed a cross-appeal. For the reasons that...

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