State v. Paul Aiken

¶ 1.

Dooley, J.

Defendant appeals the decision of the Orange Superior Court, Criminal Division denying his motion to suppress his refusal to submit to an evidentiary breath test on the ground that he was denied his right to counsel under 23 V.S.A. § 1202. We affirm.

¶ 2. The following facts are undisputed. On November 12, 2013, shortly before midnight, defendant was pulled over for speeding. The police sergeant observed that defendant’s eyes were bloodshot and watery, and he detected a faint odor of alcohol coming from inside defendant’s vehicle. Defendant admitted to consuming alcohol prior to…