STATE v. DUMONT

No. 84-228.

499 A.2d 787 (1985)

STATE of Vermont v. Gregory J. DUMONT.

Supreme Court of Vermont.

August 30, 1985.


Attorney(s) appearing for the Case

Kevin G. Bradley, Chittenden County State's Attorney, Burlington, and Theresa St. Helaire, Legal Intern, Montpelier, for plaintiff-appellee.

Wool & Murdoch, Burlington, for defendant-appellant.

Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.


ALLEN, Chief Justice.

The defendant appeals his conviction under 23 V.S.A. § 1201(a)(2), of driving while under the influence of intoxicating liquor, on the ground that the admission of the results of a blood alcohol content test, without evidence relating the test results back to the time of operation, was unfairly prejudicial. We agree with the defendant's position; accordingly, we reverse and remand.

After being stopped by a police officer, the defendant...

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