State v. Kinney

Johnson, J.,

¶ 14. concurring. I agree that, given these circumstances, the admission of the officer’s testimony regarding defendant’s refusal to submit to the preliminary breath test (PBT) was harmless. I write separately to emphasize my belief, that the trial court committed error.1 I would hold that 23 V.S.A. § 1203(f), the statutory section governing preliminary breath alcohol screening tests, prohibits the introduction of PBT refusal evidence.

¶ 15. The trial court, however, relied on our decision in State v. Blouin to rule that defendant’s refusal was admissible. 168 Vt. 119, 716 A.2d 826…