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STATE v. LYNAUGH

No. 86-208.

530 A.2d 555 (1987)

STATE of Vermont v. Bernard H. LYNAUGH.

Supreme Court of Vermont.

May 8, 1987.

Attorney(s) appearing for the Case

Robert M. Butterfield, Caledonia County Deputy State's Atty., St. Johnsbury, for plaintiff-appellee.

Richard A. Axelrod and Steven A. Adler of Gensburg & Axelrod, St. Johnsbury, for defendant-appellant.

Before ALLEN, C.J., PECK, J., BARNEY, C.J. (Ret.), COSTELLO, District Judge (Ret.) and MARTIN, Superior Judge, Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

The Caledonia Circuit of the district court held a hearing under 23 V.S.A. § 1205(a) to determine whether the defendant had refused to submit to an evidentiary test designed to determine his blood alcohol content in connection with a charge of driving while intoxicated. The district court took testimony and received exhibits, made findings of fact and determined that there had been a refusal. The matter was referred...

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