STATE v. BURGESS

No. 93-448.

657 A.2d 202 (1995)

STATE of Vermont v. Robert J. BURGESS.

Supreme Court of Vermont.

January 27, 1995.


Attorney(s) appearing for the Case

Peter R. Neary, Rutland County Deputy State's Atty., Rutland, for plaintiff-appellant.

John H. Bloomer and John H. Bloomer, Jr. of Bloomer & Bloomer, P.C., Rutland, for defendant-appellee.

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


MORSE, Justice.

The State appeals from an order of the Rutland District Court granting defendant's motion to suppress evidence that defendant was operating a motor vehicle while intoxicated, 23 V.S.A. § 1201. We affirm.

The essential facts are not in dispute. On the afternoon of December 7, 1992, a police officer travelling south on a road in Proctor observed a vehicle in a lawful pull-off area on the west side of the road, facing north. Driving by, the...

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