STATE v. PITNER

No. 88-495.

596 A.2d 344 (1991)

STATE of Vermont v. James PITNER.

Supreme Court of Vermont.

July 3, 1991.


ENTRY ORDER

The presumption contained in 23 V.S.A. § 1204(a)(1)—that if there was 0.05 percent or less by weight of alcohol in a person's blood or breath, it shall be presumed that the person was not under the influence of intoxicating liquor—is a rebuttable mandatory presumption rather than an irrebuttable conclusive presumption. See, e.g., Pigee v. Israel, 670 F.2d 690, 692-93 (7th Cir.) (comparing "conclusive...

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