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STATE v. POWERS

No. 03-195.

852 A.2d 605 (2004)

2004 VT 39

STATE of Vermont v. Edmund J. POWERS.

Supreme Court of Vermont.

May 7, 2004.

Attorney(s) appearing for the Case

Dan M. Davis, Windham County State's Attorney, and Tracy Kelly Schriver and Scott A. Willison, Deputy State's Attorneys, Brattleboro, for Plaintiff-Appellee.

Michael J. Hertz of Hertz and Lloyd, Brattleboro, for Defendant-Appellant.

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

¶ 1. SKOGLUND, J.

Defendant Edmund J. Powers appeals from a Windham District Court judgment for the State in a civil suspension hearing. Defendant believed that his conversation with an attorney during a DUI processing was being recorded, and this belief prevented him from asking whether his prior arrests would affect his current charges. He claims that because of this belief, he was denied his statutory right to a meaningful consultation with an attorney before...

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