State v. Ruud

This is an appeal from a judgment of the Chittenden Superior Court pursuant to V.R.C.P. 75 which affirmed an order of the Chittenden District Court. The district court found that defendant refused to take a breath test which had been requested on reasonable grounds. By thus violating 23 V.S.A. § 1205, defendant became subject to the civil penalties provided for by the statute. See State v. Mayo, 137 Vt. 77, 398 A.2d 303 (1979). Defendant now renews the argument he urged on the superior court, that the record contains insufficient evidence to support a finding of a knowing refusal to submit to…