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STATE v. WARNER

No. 87-538.

560 A.2d 385 (1989)

STATE of Vermont v. Walter J. WARNER, Jr.

Supreme Court of Vermont.

April 28, 1989.

Attorney(s) appearing for the Case

John Churchill, Chittenden County Deputy State's Atty., Burlington, and Jo-Ann Gross, Law Clerk, Dept. of State's Attys., Montpelier, for plaintiff-appellee.

Jarvis & Kaplan, Burlington, for defendant-appellant.

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

GIBSON, Justice.

Defendant appeals his conviction after a jury trial of driving while under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201(a)(2). We affirm.

Late in the evening of September 6, 1986, defendant's girlfriend was stopped by George Murtie, an Essex police officer, for a possible DUI violation and escorted to the Essex police station for processing. Due to the girlfriend's precarious emotional state, and at her...

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