State v. Prue

Defendant appeals his conviction for driving under the influence of intoxicating liquor. 23 V.S.A. § 1201(a) (2). On the night in question, defendant was involved in an accident that prompted police investigation, but before the investigating officer could take a sample of his breath, he was injured in a second accident. Defendant was sent directly to the hospital, and it was not until three hours after the original accident that the police obtained a breath test. Because of this delay, defendant moved to suppress the results of the test. The court heard the motion and denied it.

On appeal,…