State v. Lynaugh

604 A.2d 785 (1992)

STATE of Vermont

v.

Bernard J. LYNAUGH.

Nos. 91-030 and 91-159.

Supreme Court of Vermont.

January 17, 1992.

Robert M. Butterfield, Caledonia County Deputy State's Atty., St. Johnsbury, for plaintiff-appellant.

Deborah T. Bucknam, St. Johnsbury, for defendant-appellee.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

MORSE, Justice.

Defendant was charged with driving under the influence (DUI) and obtained suppression of his breath test in the criminal case and a dismissal of the civil suspension proceeding. The trial court granted this relief because it found that the…