STATE v. KARMEN

No. 86-170.

554 A.2d 670 (1988)

STATE of Vermont v. Charles G. KARMEN.

Supreme Court of Vermont.

November 18, 1988.


Attorney(s) appearing for the Case

Mark T. Cameron, Windsor County Deputy State's Atty., White River Junction, for plaintiff-appellee.

William E. Kraham, Brattleboro, for defendant-appellant.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.


GIBSON, Justice.

Defendant appeals his conviction after jury trial of driving while under the influence of intoxicating liquor (DUI), in violation of 23 V.S.A. § 1201(a)(2). The sole issue is whether the trial court erred in admitting the result of his breath test into evidence. We find that it did, and reverse.

Defendant was arrested shortly before midnight on September 25, 1985 and transported in handcuffs to the Springfield Police Department for processing...

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