STATE v. BUTLER


667 A.2d 108 (1995)

STATE of Maine v. Jeffrey BUTLER.

Supreme Judicial Court of Maine.

Decided November 15, 1995.


Attorney(s) appearing for the Case

David W. Crook, District Attorney, Paul Rucha, Assistant District Attorney, Augusta, for State.

Robert Sandy, Sherman, Sandy & Lee, Waterville, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA and LIPEZ, JJ.


DANA, Justice.

The State appeals, pursuant to 15 M.R.S.A. § 2115-A (1980 & Supp.1994), an order of the District Court (Waterville, Anderson, J.) granting defendant Jeffrey Butler's motion to suppress evidence of his refusal to take a breath test. The State contends that the court erred in its interpretation of 29 M.R.S.A. § 1312 (Pamph.1994). We agree and vacate the order of suppression.

At approximately 1:30 AM on August 15, 1994, Butler...

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