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STATE v. BONVIE

No. 05-560, 06-096.

936 A.2d 1291 (2007)

2007 VT 82

STATE of Vermont v. Christopher BONVIE. State of Vermont v. Adam Gilbeau.

Supreme Court of Vermont.

August 24, 2007.

Attorney(s) appearing for the Case

Robert Butterfield, Caledonia County State's Attorney, St. Johnsbury, for Plaintiff-Appellant (05-560).

Stuart G. Schurr, Department of State's Attorney, Montpelier, for Plaintiff-Appellant (06-096).

David C. Sleigh of Sleigh & Williams, St. Johnsbury, for Defendant-Appellee (05-560).

William E. Kraham of Weber, Perra & Munzing, P.C., Brattleboro, for Defendant-Appellee (06-096.).

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

¶ 1. DOOLEY, J.

Defendants, Christopher Bonvie and Adam Gilbeau, were separately arrested for driving under the influence (DUI). Each man received a citation for "DUI/Refusal" based on the arresting officer's determination that he had refused the test. In each defendant's license-suspension hearing, the district court disagreed, concluding that defendant had not refused, or even if he had, his subsequent request to take the test cured his initial refusal. We...

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