State v. Laliberte

• Decision Date: 02 March 1984
• Docket Number: No. 83-248,83-248
• Citation: State v. Laliberte, 124 N.H. 621, 474 A.2d 1025 (N.H. 1984)
• Parties: The STATE of New Hampshire v. Leo J. LALIBERTE.
• Court: New Hampshire Supreme Court

Page 1025

474 A.2d 1025

124 N.H. 621

The STATE of New Hampshire v.Leo J. LALIBERTE.

No. 83-248.

Supreme Court of New Hampshire.

March 2, 1984.

Gregory H. Smith, Atty. Gen. (Donald J. Perrault, Asst. Atty. Gen. on brief, and Michael A. Pignatelli, Asst. Atty. Gen., orally), for State.

James E. Duggan, Appellate Defender, Concord, by brief and orally, for defendant.

MEMORANDUM OPINION

The defendant appeals his conviction of driving while intoxicated, second offense.RSA 265:82.He alleges that the Superior Court(Cann, 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 Courtcase of South Dakota v. Neville, 459 U.S. 553, 103 S.Ct. 916, 74 L.Ed.2d 748(1983) controlling and ruled the evidence admissible.

On appeal, the defendant seeks to raise and argue three grounds for holding the fact of refusal inadmissible: the New Hampshire Constitution, pt. I, art. 15;the statutory scheme...