State v. Van Wie

Each of the defendants was charged in the Hanover District Court with the offense of driving while under the influence of intoxicating liquor, in violation of RSA 262-A: 62 (Supp. 1975). Each defendant submitted to a breathalyzer test at the time of arrest. RSA 262-A: 69-a (Supp. 1975). Alleging that the director of the division of public health failed to comply with the mandates of RSA 541-A: 4 of the Administrative Procedure Act and RSA 262-A: 69-i III (Supp. 1975) of the Implied Consent Law, each defendant, relying on RSA 262-A: 69-i IV (Supp. 1975), timely moved to exclude the results of…