State v. Hawkins

¶ 1. Defendant Jerald Hawkins appeals from his conditional guilty plea to criminal refusal of an evidentiary breath test in violation of 23 V.S.A. § 1201(b) and the civil suspension of his driver’s license, claiming that the trial court erred in denying his motion to suppress evidence. Defendant argues that he was arrested without probable cause in violation of the Fourth Amendment of the United States Constitution and Article 11 of the Vermont Constitution. Alternatively, he argues that, even if supported by probable cause, the arrest violated the Fourth Amendment and Article 11 due to…