STATE v. PINARD

No. 91-71.

285 A.2d 774 (1971)

STATE of Vermont v. Henry Gerard PINARD.

Supreme Court of Vermont.

December 7, 1971.


Attorney(s) appearing for the Case

Kimberly B. Cheney, State's Atty., for the State.

Daniel P. Monte, Barre, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


KEYSER, Justice.

The respondent pleaded not guilty in District Court, Unit #5, Washington Circuit, to a charge of driving under the influence. No test as provided by 23 V.S.A. § 1205 was taken by the respondent. As a consequence the district court held a summary hearing as provided by the statute.

The issue in this case is substantially similar to that in State v. Mastaler, Vt., 285 A.2d 776 decided at this term of Supreme...

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