State v. Diesl

Defendant driver appeals from a district court finding pursuant to 23 V.S.A. § 1205(g) that the police officer who stopped him had reasonable grounds to believe that he was operating a motor vehicle in violation of 23 V.S.A. § 1201 and test results indicated a BAC in excess of .10 percent or more at the time he was operating the vehicle, which finding resulted in suspension of his license. We affirm.

At the district court review hearing under 23 V.S.A. § 1205(e) the State proceeded by affidavit, as provided in 23 V.S.A. § 1205(h). On appeal defendant argues that 23 V.S.A. § 1205(f)(1) requires…