STATE v. GRACEY

No. 360-80.

436 A.2d 741 (1981)

STATE of Vermont v. Gina M. GRACEY.

Supreme Court of Vermont.

September 1, 1981.


Attorney(s) appearing for the Case

Mark J. Keller, Chittenden County State's Atty., Harold E. Eaton, Jr., Deputy State's Atty., and Jeffrey Cohen, Law Clerk, Burlington, on the brief, for plaintiff.

James L. Morse, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for defendant.

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


BILLINGS, Justice.

The defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2).

The defendant was arrested on suspicion that she was driving while intoxicated, and taken to police headquarters. The arresting officer asked her to take a breath test, and read to her from what is referred to as an Implied Consent Form. This explained that the defendant had the right to refuse to take the...

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