STATE v. NEMKOVICH

Nos. 97-186, 97-187.

712 A.2d 899 (1998)

STATE of Vermont v. David M. NEMKOVICH.

Supreme Court of Vermont.

May 1, 1998.


Attorney(s) appearing for the Case

Robert L. Sand, Department of State's Attorneys, Montpelier, and Lauren Bowerman, Chittenden County State's Attorney, and John R. Treadwell, Deputy State's Attorney, Burlington, for Plaintiff-Appellant.

Robert Andres, Burlington, for Defendant-Appellee.

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


AMESTOY, Chief Justice.

In this DUI prosecution, the district court suppressed evidentiary breath test results in both the civil-license-suspension and criminal proceedings on grounds that the police had obtained an invalid waiver of defendant's Miranda rights, thus tainting defendant's subsequent written waiver of his right to counsel under the implied consent statute. The State brings interlocutory appeal of the suppression order in the criminal case and...

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