STATE v. JOHNSON

No. 82-188.

465 A.2d 1366 (1983)

STATE of Vermont v. Michael L. JOHNSON.

Supreme Court of Vermont.

Motion for Reargument Denied October 13, 1983.


Attorney(s) appearing for the Case

John J. Easton, Jr., Atty. Gen., and Susan R. Harritt, Asst. Atty. Gen., Montpelier, for plaintiff-appellee.

William J. Donahue, White River Junction, for defendant-appellant.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.


PECK, Justice.

Defendant, a resident of New Hampshire, appeals from a judgment of the District Court of Vermont, Unit No. 5, Orange Circuit, convicting him after jury trial of operating a motor vehicle while under the influence of intoxicating liquor [DUI]. 23 V.S.A. § 1201(a)(2). Defendant filed a timely appeal; we affirm.

Defendant presented four issues for our consideration: (1) that although he successfully moved to have the results of the breath...

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