Zyla v. Turner

The director of the division of motor vehicles appeals an order of the Superior Court (McHugh, J.) setting aside a determination of the division revoking the plaintiff’s, Nicholas R. Zyla, drivers license pursuant to RSA 265:92 (refusal to submit to alcohol concentration test). The plaintiff appealed the division’s determination to the superior court under RSA 263:75, and the de novo hearing on that appeal resulted in the order appealed to this court. We reverse and remand.

The plaintiff was a passenger in an automobile stopped by the Manchester police on the morning of August 12, 1989. The…