State v. Laliberte

Memorandum Opinion

The defendant appeals his conviction of driving while intoxicated, second offense. RSA 265:82. He alleges that the Superior Court (Gann, J.) erred in denying his motion in limine, which asked the superior court to determine, before trial, the admissibility of the fact of the defendant’s refusal to take a breathalyzer test.

At the hearing on the motion, the defendant raised, and the court addressed, the issue of admissibility only on federal constitutional grounds. The court properly found the United States Supreme Court case of South Dakota v. Neville, 103 S. Ct. 916 (1983)…