State v. Symonds

This is an appeal by the State, pursuant to RSA 606:10, 11(a), of an order by the Goffstown District Court (Pingree, J.) suppressing the results of Kenneth Symonds’ breath test because the police had destroyed a second breath sample. The State asserts that the trial court erred in suppressing the results of the State’s breath test, because the police acted in conformance with the implied consent procedure by informing the defendant that he had thirty days to retrieve the second sample, and that if the sample was not retrieved in that time period it would be destroyed. For the reasons that…