STATE v. FRANCIS

No. 17-306.

201 A.3d 386 (2018)

2018 VT 115

STATE of Vermont v. Donald P. FRANCIS.

Supreme Court of Vermont.

October 19, 2018.


Attorney(s) appearing for the Case

Heather J. Brochu , Department of State's Attorneys and Sheriffs, Franklin County Deputy State's Attorney, Montpelier, for Plaintiff-Appellee.

Matthew Valerio , Defender General, and Dawn Matthews , Appellate Defender, Montpelier, for Defendant-Appellant.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.


¶ 1. Defendant appeals his conviction of driving under the influence (DUI), arguing that the trial court impermissibly burdened the exercise of his Fourth Amendment rights when it allowed evidence of his refusal to submit to a warrantless blood draw and then instructed the jury that it was permitted but not required to draw an...

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