STATE v. VELEZ

No. 02-082.

819 A.2d 712 (2003)

2003 VT 1

STATE of Vermont v. Jorge VELEZ.

Supreme Court of Vermont.

January 3, 2003.


Attorney(s) appearing for the Case

Stuart G. Schurr, Department of State's Attorneys, Montpelier, for Plaintiff-Appellant.

John C. Mabie of Gale, Corum & Mabie, Brattleboro, for Defendant-Appellee.

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


JOHNSON, J.

¶ 1. The State takes this interlocutory appeal, pursuant to V.R.A.P. 5(b)(1), from a Windham District Court decision granting defendant Jorge Velez's motion to suppress his evidentiary breath test results. Defendant argued that he was deprived of the right to counsel that 23 V.S.A. § 1202(c) establishes for DUI detainees because the on-call public defender contacted by the arresting officer refused to speak with him. In light of this Court's...

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