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STATE v. MERRITT

No. 86-441.

546 A.2d 791 (1988)

STATE of Vermont v. Clarence W.H. MERRITT.

Supreme Court of Vermont.

April 8, 1988.

Attorney(s) appearing for the Case

Joanne Baltz and Mark T. Cameron, Windsor County Deputy State's Attys., White River Junction, for plaintiff-appellee.

Bruce M. Lawlor, Springfield, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.

ALLEN, Chief Justice.

The defendant was convicted following a trial by jury of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor (DUI), in violation of 23 V.S.A. § 1201(a)(2). On appeal, he contends that the State was barred and estopped from prosecuting him because of the arresting officer's failure to take him into protective custody before the alleged offense occurred, pursuant to the provisions of 18 V.S.A. ...

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