Gilman v. Commissioner of Motor Vehicles & Vermont District Court, Unit No. 3

The record contains ample support for the conclusion that defendant refused to submit to a breath test within the meaning of 23 V.S.A. § 1202. To effect a refusal under 23 V.S.A. § 1202(c), a person need only conduct himself in a manner which would lead a reasonable person in the trooper’s position to believe that the person understood he was requested to submit to a breath test and manifested an unwillingness to do so. Stockwell v. District Court, 143 Vt. 45, 50, 460 A.2d 466, 469 (1983). A person need not show refusal by an express, affirmative statement. Id. at 50, 460 A.2d at 468. In the…