STATE v. KOZEL

No. 84-049.

505 A.2d 1221 (1986)

STATE of Vermont v. Wayne L. KOZEL.

Supreme Court of Vermont.

January 31, 1986.


Attorney(s) appearing for the Case

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

Blais, Cain & Keller, Inc., Burlington, for defendant-appellant.

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


GIBSON, Justice.

Defendant, Wayne Kozel, appeals from his conviction, after trial by jury, of driving while under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201(a)(2). We reverse and remand because of errors in the taking and evidentiary use of a breath test.

On September 12, 1983, defendant, a New Jersey resident, was in Burlington, Vermont on a business trip. At approximately 10:30 p.m., defendant was stopped by an officer...

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