STATE v. GARVEY

No. 90-166.

595 A.2d 267 (1991)

STATE of Vermont v. Thomas GARVEY.

Supreme Court of Vermont.

Motion for Reargument Denied June 21, 1991.


Attorney(s) appearing for the Case

Robert M. Butterfield, Caledonia County Deputy State's Atty., St. Johnsbury, for plaintiff-appellee.

Rubin, Rona, Kidney & Myer, Barre, for defendant-appellant.

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


MORSE, Justice.

The sole issue in this appeal is whether a DUI suspect's license may be suspended for refusing to submit to a blood alcohol test when no public defender can reasonably be reached before the suspect is required to decide whether to take the test. The superior court ruled that defendant's refusal, rendered without consulting an attorney, warranted the license suspension sanction. We disagree and reverse.

Just after midnight on July 23, 1989,...

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