STATE v. PRUE

No. 151-79.

415 A.2d 234 (1980)

STATE of Vermont v. Michael Albert PRUE.

Supreme Court of Vermont.

April 17, 1980.


Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., Norman R. Blais, Chief Deputy State's Atty., and Robert V. Simpson, Jr., Deputy State's Atty., Burlington, for plaintiff.

Gear, Kittell & Davis, Burlington, for defendant.

Before BARNEY, C. J., DALEY, BILLINGS and HILL, JJ., and KILBURN, District Judge, Specially Assigned.


PER CURIAM.

Defendant appeals his conviction for driving under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2). On the night in question, defendant was involved in an accident that prompted police investigation, but before the investigating officer could take a sample of his breath, he was injured in a second accident. Defendant was sent directly to the hospital, and it was not until three hours after the original accident that the police obtained...

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