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STOCKWELL v. DISTRICT COURT OF VERMONT

No. 82-177.

460 A.2d 466 (1983)

Michael STOCKWELL v. DISTRICT COURT OF VERMONT, UNIT NO. 6, WINDHAM CIRCUIT, and James E. Malloy, Commissioner of Motor Vehicles.

Supreme Court of Vermont.

April 5, 1983.

Attorney(s) appearing for the Case

Andrew B. Crane, Defender Gen., and William A. Nelson, Appellate Defender, Montpelier, for plaintiff-appellant.

William E. Kraham, Windham County Deputy State's Atty., Brattleboro, for defendant-appellee.

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

PECK, Justice.

This is an appeal by plaintiff from a judgment order of the Windham Superior Court dismissing his petition under V.R.C.P. 75 and 81 to review the suspension of his motor vehicle driver's license. The suspension was based on his alleged refusal to submit to a chemical (breath) test during the course of processing by the state police on suspicion of driving under the influence of intoxicating liquor (D.U.I.). 23 V.S.A. § 1205(a). Plaintiff filed...

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