State v. Groulx
| Decision Date | 31 January 1969 |
| Docket Number | No. 5789,5789 |
| Citation | 249 A.2d 690,109 N.H. 281 |
| Parties | The STATE of New Hampshire v. Maurice GROULX. |
| Court | New Hampshire Supreme Court |
George S. Pappagianis, Atty. Gen., and Henry F. Spaloss, Asst. Atty. Gen., for the State.
Leonard, Leonard & Prolman, David M. Prolman, Nashua, for defendant.
Defendant appeals from a conviction of operating a motor vehicle while under the influence of intoxicating liquor. The sole issue presented by the appeal relates to the admission of a blood test taken under RSA 262-A:69. A registered nurse withdrew the blood from the defendant and the defendant argues that this rendered the subsequent test inadmissible under RSA 262-A:69-i. Defendant's exception reserved and transferred by Flynn, J.
RSA 262-A:69-i reads as follows:
According to the evidence the blood was withdrawn in a hospital by a registered nurse who had been trained in the withdrawal of blood. There was no indication that the method used would have resulted in any adulteration of the blood withdrawn. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908.
While the evidence in the case confirms the common knowledge of mankind that registered nurses regularly withdrawn blood for laboratory tests, section 69-i does not include them as persons authorized to withdraw blood. The training and skills of medical laboratory technicians and graduate nurses are different, although both are trained in and commonly withdraw blood for tests. Certain standards for the training of registered nurses are set out in RSA 326-A, but no definition of a...
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People v. Adams
...minor violations of the statute, does not require exclusion of the test results. (State v. Gillis (N.H.1974) 321 A.2d 576; State v. Groulx (N.H.1969) 249 A.2d 690.) In California, our Evidence Code provides that: 'Except as otherwise provided by statute, all relevant evidence is admissible.......
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State v. Hraha
...656, 112 S.E.2d 887 (where test on defendant's request, results admissible although statutory procedures not employed); State v. Groulx, 109 N.H. 281, 249 A.2d 690 (if test shown accurate, results admissible although statutory provisions not employed); State v. Slater, 109 N.H. 279, 249 A.2......
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State v. Petkus
...and our decisions (State v. Gallant, 108 N.H. 72, 227 A.2d 597; State v. LaFountain, 108 N.H. 219, 231 A.2d 635; State v. Groulx, 109 N.H. 281, 249 A.2d 690) provide that a defendant's blood will be taken, handled and analyzed in such a manner as to insure that the test and results will not......
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Hudson v. Director, Div. Of Motor Vehicles, 2006-366.
...to the standards for testing the blood, and not to the methods by which it was obtained. State v. Groulx, 109 N.H. 921 A.2d 942 281, 282, 249 A.2d 690 (1969) (construing predecessor of RSA 265:85). In the past, we have not excluded the results of blood tests where the sample was improperly ......