State v. Johnson

I agree with the majority that the trial court did not err in declining to give the precise instruction proposed by the defendant. However, because I believe that the trial court’s instruction was misleading, I respectfully dissent.

RSA 265:88-a (2004) (repealed and replaced by RSA 265-A:10 (Supp. 2007)) dictates the effect a refusal to take an alcohol concentration test has upon a civil or criminal action or proceeding. It provides that if a person refuses to submit to a test as provided in RSA 265:84 (2004) (repealed and replaced by RSA 265-A:4 (Supp. 2007)), our “implied consent statute,”…