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STATE v. ROBITAILLE

No. 87-054.

561 A.2d 412 (1989)

STATE of Vermont v. Aime M. ROBITAILLE.

Supreme Court of Vermont.

April 14, 1989.

Attorney(s) appearing for the Case

Joel Page, Lamoille County State's Atty., Hyde Park, and Gary Kessler, Resource Atty., Montpelier, for plaintiff-appellee.

Walter M. Morris, Jr., Defender General, and William A. Nelson, Appellate Defender, Montpelier, for defendant-appellant.

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

MORSE, Justice.

Defendant was convicted of driving under the influence of intoxicating liquor. He makes two claims on appeal: that he was denied an opportunity to have a valid independent analysis of his breath, and that the trial court committed plain error in its instruction to the jury on the blood-alcohol presumption. We disagree with both claims, and affirm.

I.

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