State v. Pitner

The presumption contained in 23 V.S.A. § 1204(a)(1) — that if there was 0.05 percent or less by weight of alcohol in a person’s blood or breath, it shall be presumed that the person was not under the influence of intoxicating liquor — is a rebuttable mandatory presumption rather than an irrebuttable conclusive presumption. See, e.g., Pigee v. Israel, 670 F.2d 690, 692-93 (7th Cir.) (comparing “conclusive,” “mandatory,” and “permissive” presumptions), cert. denied, 459 U.S. 846 (1982); Washington v. Harris, 502 F. Supp. 1267, 1271-72 (S.D.N.Y. 1980) (same), cert. denied, 455 U.S. 951 (1982);…