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GILMAN v. COMMISSIONER OF MOTOR VEHICLES

No. 89-019.

583 A.2d 86 (1990)

Douglas GILMAN v. COMMISSIONER OF MOTOR VEHICLES and Vermont District Court, Unit No. 3, Caledonia Circuit.

Supreme Court of Vermont.

October 5, 1990.

Attorney(s) appearing for the Case

Vincent Illuzzi and Michael R. Loignon of Vincent Illuzzi Associates, Orleans, for petitioner-appellant.

Dale O. Gray, Caledonia County State's Atty., St. Johnsbury, and Jo-Ann Gross, Law Clerk, Dept. of State's Attys., Montpelier, for respondent-appellee.

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

ALLEN, Chief Justice.

The record contains ample support for the conclusion that defendant refused to submit to a breath test within the meaning of 23 V.S.A. § 1202. To effect a refusal under 23 V.S.A. § 1202(c), a person need only conduct himself in a manner which would lead a reasonable person in the trooper's position to believe that the person understood he was requested to submit to a breath test and manifested an unwillingness to do so. Stockwell...

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