STATE v. COBURN

No. 05-033.

898 A.2d 128 (2006)

2006 VT 31

STATE of Vermont v. Gary Nelson COBURN.

Supreme Court of Vermont.

April 14, 2006.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, David Tartter, Assistant Attorney General, and Sara R. Parsowith, Legal Intern (on the Brief), Montpelier, for Plaintiff-Appellee.

William E. Kraham of Weber, Perra & Munzing, P.C., Brattleboro, for Defendant-Appellant.

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


¶ 1. BURGESS, J.

Defendant appeals his conviction for criminal refusal under 23 V.S.A. § 1201(b). The statute makes it a crime for a person suspected of driving under the influence to refuse a police officer's reasonable request for a breath test if that person has a prior DUI conviction. Defendant argues that the standardized paragraph read by police to DUI suspects, warning them that refusing a breath test may be charged as a crime, is incomprehensible...

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