State v. O'BRIEN

Defendant’s motor vehicle operator’s license was suspended pursuant to the Vermont administrative suspension law, 23 V.S.A. § 1205. Although he uses a scattergun approach to this appeal, we can reduce the issues he raises to three: (1) the administrative suspension proceeding is essentially criminal and so requires the procedural trappings of a criminal trial; (2) this Court’s implementation of the administrative suspension proceeding through the procedures of D.C.C.R. 80.5 improperly impinges on the powers of the Legislature; and (3) the expert testimony in this case was admitted without a…