STATE v. MORALE

No. 01-325.

811 A.2d 185 (2002)

STATE of Vermont v. Ralph N. MORALE, Jr., Robert C. Knapp and Gordon G. Parker.

Supreme Court of Vermont.

September 6, 2002.


Attorney(s) appearing for the Case

Matthew H. Huntington, Windsor County Deputy State's Attorney, White River Junction, for Plaintiff-Appellant.

Brian R. Marsicovetere, Law Offices of Kevin W. Griffin, P.C., White River Junction, for Defendants-Appellees.

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


JOHNSON, J.

In this case, we confront the issue of whether admitting evidence of a DUI suspect's refusal to submit to a breath test violates the suspect's constitutional privilege against self-incrimination in a prosecution for criminal refusal. We decide that a defendant's statement refusing to submit to a breath test does not fall within the category of compelled testimony protected by either the general Fifth Amendment privilege against self-incrimination or by...

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