State v. Gillis

Defendant who was convicted of driving while intoxicated raises the single issue of the admissibility of the results of breathalyzer tests when a certain report on the tests had not been received by the New Hampshire Bureau of Food and Chemical Service as provided by regulations. A statute provides that for test results to be admissible at a hearing the test must be performed in accordance with the regulations. RSA 262-A:69-i IV (Supp. 1973); State v. Groulx, 109 N.H. 281, 249 A.2d 690 (1969). On this basis, defendant objected to admitting the test results, the Rochester District Court…