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STATE v. BROOKS

No. 93-018.

643 A.2d 226 (1993)

STATE of Vermont v. Gerald H. BROOKS.

Supreme Court of Vermont.

Motion for Reargument Denied May 3, 1994.

Attorney(s) appearing for the Case

Gary S. Kessler, Supervising Appellate Prosecutor, State's Attys. and Sheriffs Depart., Montpelier, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and William E. Wargo, Asst. Atty. Gen., Burlington, for Depart. of Health.

Steve Dunham, Public Defender, St. Albans, for defendant-appellee.

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

MORSE, Justice.

The State appeals from the district court's interlocutory ruling that evidence of blood-alcohol content (BAC) measured by Data-Master infrared testing device is inadmissible in either a DUI civil suspension or a DUI criminal proceeding. Well over one hundred cases were governed by the court's ruling. We reverse.

While driving a motor vehicle on Route 7 in St. Albans, defendant was stopped by a state trooper for an equipment defect. According...

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