Hess v. Turner

In this case, the director of the New Hampshire Division of Motor Vehicles appeals from an order of the Superior Court (Dalianis, J.) which reinstated the plaintiff’s driving license, after the director had imposed the mandatory ninety-day revocation prescribed by RSA 265:92, 1(a)(1) (Supp. 1986) for refusing to take a blood alcohol test. For the following reasons, we reverse the superior court’s order and remand.

The plaintiff was stopped on December 13, 1986, by Trooper Gary Sibley, who had observed the plaintiff commit several questionable driving practices. Trooper Sibley testified that he…