STATE v. McGUIGAN

No. 06-437, 06-501.

965 A.2d 511 (2008)

2008 VT 111

STATE of Vermont v. Joseph S. McGUIGAN.

Supreme Court of Vermont.

August 14, 2008.


Attorney(s) appearing for the Case

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

Brian R. Marsicovetere of Griffin, Marsicovetere & Wilkes, P.C., White River Junction, for Defendant-Appellant.

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


BURGESS, J.

¶ 1. Defendant appeals the denial of his motion to suppress evidence that ultimately led to defendant's DUI processing. On February 24, 2006, a state trooper stopped to render roadside assistance to defendant, who was some fifty miles off course. After smelling alcohol and having difficulty understanding defendant when he spoke, the trooper administered a preliminary breath test (PBT) and conducted field-sobriety exercises in order to determine whether...

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