State v. Lynaugh

Barney, C.J. (Ret.),

Specially Assigned. The Caledonia Circuit of the district court held a hearing under 23 V.S.A. § 1205(a) to determine whether the defendant had refused to submit to an evidentiary test designed to determine his blood alcohol content in connection with a charge of driving while intoxicated. The district court took testimony and received exhibits, made findings of fact and determined that there had been a refusal. The matter was referred to the Caledonia Superior Court for review. That court heard oral argument and reviewed the record, but heard no testi mony. It, in turn,…