State v. Normandy

Defendant appeals from a conviction after trial by jury of driving under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201 (a) (2). He received a suspended sentence of 30 to 90 days and was ordered to pay a $190 fine. The sentence was thereafter stayed pending appeal to this Court. We reverse.

Defendant bases his appeal on two related claims. He argues first that the prejudicial effect of inadmissible testimony elicited during the prosecution’s case-in-chief, which revealed the existence of a third breath sample, was not cured by the court’s cautionary instruction at…