Jordan v. State

The Superior Court (Gray, J.) affirmed the decision of the director of the division of motor vehicles to revoke the plaintiff’s driver’s license for 90 days pursuant to RSA 265:92 (Supp. 1988), finding that the plaintiff belched intentionally after *35the police informed him that they would consider him to have refused to submit to a breath-alcohol test if he belched again, and that this constituted a refusal to take the test. The plaintiff contends that his actions did not constitute a refusal. Wé disagree and affirm.

Shortly before midnight on April 21, 1988, the plaintiff, James H. Jordan, was…