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PFEIL v. RUTLAND DIST. COURT

No. 85-312.

515 A.2d 1052 (1986)

Steven L. PFEIL v. RUTLAND DISTRICT COURT.

Supreme Court of Vermont.

August 1, 1986.

Attorney(s) appearing for the Case

David W. Curtis, Defender Gen., and Henry Hinton, Appellate Defender, Montpelier, for plaintiff-appellee.

Stephen J. Craddock, Rutland County Deputy State's Atty., Rutland, for defendant-appellant.

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

HILL, Justice.

The State of Vermont appeals an order of the superior court vacating a district court order entered pursuant to 23 V.S.A. § 1205(a) requiring the Commissioner of Motor Vehicles (Commissioner) to suspend defendant's license to operate a motor vehicle for a period of six months because he refused to submit to alcohol testing. The State makes three arguments on appeal. First, it argues that case law conferring...

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