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STATE v. BURNETT

No. 12-255, 12-296.

88 A.3d 1191 (2013)

2013 VT 113

STATE of Vermont v. Jason BURNETT.

Supreme Court of Vermont.

November 27, 2013.

Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Chittenden County State's Attorney, Andrew R. Strauss , Deputy State's Attorney, Burlington, and Gregory S. Nagurney , Deputy State's Attorney, Montpelier, for Plaintiff-Appellee.

Richard R. Goldsborough and Gregory J. Glennon of Kirkpatrick & Goldsborough, PLLC, South Burlington, for Defendant-Appellant.

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

DOOLEY, J.

¶ 1. Defendant appeals the civil suspension of his driver's license and the admission of the breath-test results in his criminal prosecution for driving under the influence of intoxicating liquor (DUI). Defendant contends that because the test results were obtained after the testing machine registered a "fatal error," the breath-test analysis did not meet the requisite performance standards, and thus the necessary foundation for admissibility was not...

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