STATE v. DUBUQUE

No. 12-131.

67 A.3d 238 (2013)

2013 VT 3

STATE of Vermont v. Damon L. DUBUQUE.

Supreme Court of Vermont.

January 18, 2013.


Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Chittenden County State's Attorney, Andrew R. Strauss , Deputy State's Attorney and Evan Barquist , Law Clerk, Burlington, for Plaintiff-Appellee.

William R. Norful of Norful Law Office, Winooski, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, SKOGLUND, BURGESS and ROBINSON, JJ.


DOOLEY, J.

¶ 1. Defendant Damon Dubuque was convicted of a violation of 23 V.S.A. § 1201(b) (refusing a reasonable request for an evidentiary test after being convicted of DUI). He appeals the denial of a motion to suppress evidence of his refusal to give a blood sample, arguing that he should have been offered a breath test because breath-testing equipment was present in a number of police stations that defendant and the arresting officer passed in a car...

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