State v. Amato

The sole question presented in this case is whether the State is required to produce at trial, pursuant to a request seasonably filed under RSA 262-A:69-k (Supp. 1973), the person who certified a breathalyzer machine prior to the test in issue in order to prove the .correct operation of the machine. The defendants were convicted of violating RSA 262-A:62 (Supp. 1973). The Trial Court (Harkaway, J.) reserved and transferred the de fendants’ exceptions.

The facts of these cases are not in dispute. Amato was arrested on April 26, 1974, and Watkins was arrested on March 16, 1974, both for…