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STATE v. ANDERSON

No. 03-551.

890 A.2d 68 (2005)

2005 VT 80

STATE of Vermont v. Arvi ANDERSON.

Supreme Court of Vermont.

Motion for Reargument Denied September 22, 2005.

Attorney(s) appearing for the Case

Dan M. Davis, Windham County State's Attorney, and Scott A. Willison, Deputy State's Attorney, Brattleboro, for Plaintiff-Appellant.

Stephen L. Fine, Athens, for Defendant-Appellee.

Present: DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

SKOGLUND, J.

¶ 1. After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the preliminary hearing, Anderson moved to dismiss for failure to state a claim on which relief could be granted. He based his motion on the fact that the results of his breath...

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