STATE v. BLOUIN

No. 97-053.

716 A.2d 826 (1998)

STATE of Vermont v. Raymond G. BLOUIN.

Supreme Court of Vermont.

June 26, 1998.


Attorney(s) appearing for the Case

Robert L. Sand, Department of State's Attorneys, Montpelier, for Plaintiff-Appellant.

Robert Appel, Defender General, and Henry Hinton, Appellate Attorney, Montpelier, for Defendant-Appellee.

Before AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


AMESTOY, Chief Justice.

The State brings this interlocutory appeal from a district court order excluding evidence in a prosecution for driving under the influence, third offense, in violation of 23 V.S.A. § 1201(a)(2). The court excluded evidence of (1) defendant's refusal to perform a roadside sobriety test, and (2) defendant's response to the question of whether he had "burped, belched or vomited" during the fifteen minutes prior to administration of an evidentiary...

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