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STATE v. GREENIA

No. 84-610.

522 A.2d 242 (1987)

STATE of Vermont v. Bernard J. GREENIA, Jr.

Supreme Court of Vermont.

January 9, 1987.

Attorney(s) appearing for the Case

Helen V. Torino, Franklin Co. State's Atty., Howard E. Van Benthuysen, Deputy State's Atty., and Maxine Grad, Law Clerk (on Brief), St. Albans, for plaintiff-appellee.

James W. Murdoch and Richard C. Bothfeld of Wool & Murdoch, Burlington, for defendant-appellant.

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

HILL, Justice.

Defendant appeals from a conviction, after jury trial, of driving under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2). We affirm.

Defendant moved below to suppress the results of a blood test administered after arrest. He argued that it was a violation of 23 V.S.A. § 1202(a) for the officer to fail to administer a breath test prior to a blood test, since breath testing equipment was available, and none of the other exceptions...

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