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STATE v. DUFF

No. 55-78.

394 A.2d 1145 (1978)

STATE of Vermont v. James M. DUFF.

Supreme Court of Vermont.

November 3, 1978.

Attorney(s) appearing for the Case

P. Scott McGee, Lamoille County State's Atty., Hyde Park, for plaintiff.

Gary D. McQuesten of Richard E. Davis Associates, Inc., Barre, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

DALEY, Justice.

This is an interlocutory appeal, under V.R.A.P. 5(b), from a pretrial ruling of the district court granting the defendant's motion to suppress the results of a chemical test for alcoholic content in the bloodstream. The following question, which the court found to be controlling, was submitted to us:

Does an operator of a motor vehicle who is being processed by a law enforcement officer for suspected DWI and who has not requested the advice...

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