STATE v. GILMAN

No. 99-332.

787 A.2d 1238 (2001)

STATE of Vermont v. Charles GILMAN.

Supreme Court of Vermont.

November 9, 2001.


Attorney(s) appearing for the Case

Robert Butterfield, Caledonia County Deputy State's Attorney, St. Johnsbury, and Jane Woodruff, Department of State's Attorneys, Montpelier, for Plaintiff-Appellee.

David C. Sleigh of Sleigh & Williams, St. Johnsbury, for Defendant-Appellant.

Present: AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


DOOLEY, J.

Defendant Charles Gilman appeals a conviction for operating under the influence of intoxicating liquor (OUI) pursuant to 23 V.S.A. § 1201(a)(2), entered on a conditional plea. On appeal, defendant argues that the Caledonia District Court erred in failing to suppress evidence that he refused to take a breath test and allowing such evidence to be introduced pursuant to 23 V.S.A. § 1202(b). He argues that his refusal was obtained in violation of...

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