State v. Greene

This interlocutory transfer without ruling from the Superior Court (Nadeau, J.) concerns a motion to suppress the results of an intoximeter 3000 breath sample test. We hold that the motion to suppress should be denied.

The defendant presents the following questions for review: (1) whether a defendant has a statutory right under RSA 594:16, I (Supp. 1983) to consult with counsel prior to deciding whether to take or refuse to take a breath test under the implied consent law, RSA 265:84 (Supp. 1985); and (2) whether the point at which a defendant must decide to take or to refuse to take a breath…