State v. Lane

RUDMAN, Justice.

Denise Lane appeals from an order of the Superior Court (Hancock County, Browne, A.R.J.) denying a motion for a new trial based on an alleged violation of her constitutional right to conduct her defense 1 , ordering her to pay restitution in the amount of $500, and imposing a 10% surcharge on her fine. We agree that the trial court could find that Lane was not deprived of the opportunity to take a blood-alcohol test and affirm her conviction. The imposition of restitution is inappropriate and therefore, we vacate the entire sentence and remand for resentencing.

Officer Allan…