STATE v. BENOIT

No. 01-130.

795 A.2d 1188 (2002)

STATE of Vermont v. Joseph B. BENOIT.

Supreme Court of Vermont.

February 20, 2002.


ENTRY ORDER

Defendant Joseph B. Benoit appeals the Chittenden District Court's decision denying his motion to suppress evidence arising out of a civil citation for minor in the possession of alcohol and a later arrest for DUI. Defendant argues that the district court erred because: (1) the court failed to find that defendant was in custody when he was given a breathalyzer test prior to the civil citation; (2) the State did not meet its burden of proving that...

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