STATE v. TIERNEY

No. 65-79.

412 A.2d 298 (1980)

STATE of Vermont v. Thomas A. TIERNEY.

Supreme Court of Vermont.

February 5, 1980.


Attorney(s) appearing for the Case

M. Jerome Diamond, Atty. Gen., Richard A. Unger, Asst. Atty. Gen., Montpelier, and P. Scott McGee, Lamoille County State's Atty., Hyde Park, for plaintiff.

James L. Morse, Defender Gen., William A. Nelson, App. Defender, and Jessie Marshall, Law Clerk (on the brief), Montpelier, for defendant.

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


DALEY, Justice.

After a trial by jury in district court, the defendant was convicted of being under actual physical control of a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2). Defendant's sole claim of error on appeal is the denial of his motion to suppress the results of the breath test.

Section 1202(a) of Title 23 states in relevant part:

A sample of breath...

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