State v. Dery

The Superior Court (Nadeau, J.) transferred the following question to this court: “Before the results of a chemical test may be introduced into evidence against a defendant charged with negligent homicide under RSA 630:3, II, must the officer procuring the test comply with the prerequisites of RSA 265:87?” RSA 265:87 outlines the prerequisites to admissibility of a blood alcohol content test. We answer the transferred question in the affirmative and remand.

The parties agree to the following facts. On October 16, 1983, State Trooper Vernon Fowler was called to the scene of a two-vehicle fatal…