State v. Cornelius

I concur specially in the result reached by my Brothers Brock and Bois. I am not prepared to overrule Shutt at this time, although the concern over the use or potential abuse of breathalyzer evidence implied in the opinion of the dissenters is not without merit. I would overrule Shutt prospectively, however, as of February 1, 1983, because of the State’s good-faith reliance on it in the past in the important task of highway safety.

Due process under part I, article 15 of the New Hampshire Constitution is a flexible standard as are the remedies available to effectuate relief consistent with it.…