SHAW v. VERMONT DIST. COURT, UNIT NO. 3

No. 86-286.

563 A.2d 636 (1989)

George SHAW v. VERMONT DISTRICT COURT, UNIT NO. 3, FRANKLIN CIRCUIT and William Conway.

Supreme Court of Vermont.

June 16, 1989.


Attorney(s) appearing for the Case

Steve Dunham and Peter Miller, Public Defenders, St. Albans, for plaintiff-appellant.

Howard E. VanBenthuysen, Franklin County State's Atty., Howard W. Stalnaker, Deputy State's Atty., and Peggy Larson, Law Clerk (on the brief), St. Albans, for defendants-appellees.

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


DOOLEY, Justice.

Plaintiff appeals a superior court decision upholding the district court's refusal finding made pursuant to 23 V.S.A. § 1205(e) (fourth refusal to submit to alcohol testing). The superior court also upheld the suspension issued by the Commissioner of Motor Vehicles. Plaintiff makes four arguments on appeal: (1) the license of a nonoperator cannot be suspended for failure to take a test; (2) the district court used an inadequate standard of proof...

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