STATE v. FULLER

No. 94-441.

660 A.2d 302 (1995)

STATE of Vermont v. Francis H. FULLER.

Supreme Court of Vermont.

April 14, 1995.


Attorney(s) appearing for the Case

Robert L. Sand, Staff Atty., Dept. of State's Attys., Montpelier, for plaintiff-appellant.

Richard A. Axelrod of Axelrod & Adler, St. Johnsbury, for defendant-appellee.

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


DOOLEY, Justice.

The State appeals an order of the Caledonia District Court suppressing the results of a breath test because defendant did not execute a written waiver of his right pursuant to 23 V.S.A. § 1202(c) to consult an attorney prior to submitting to the test. We reverse.

On December 31, 1993, a police officer stopped defendant at a sobriety checkpoint in West Danville, Vermont after observing defendant operate his vehicle erratically. The officer...

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