State v. Meaney

On interlocutory transfer approved by the Pelham Municipal Court {Lynch, J.), the State appeals the municipal court’s decision to grant the defendant’s motion to suppress the results of an Intoxilyzer 5000 breath test, pursuant to RSA 265:85, IV (Supp. 1990). The defendant was arrested on March 13, 1990, for driving while intoxicated and submitted to the breath test. The issues presented to us are whether the absence of an incorporation by reference statement on March 13,1990, invalidated rules promulgated by the division of public health services (the division) regarding the operation of the…