Legal Opinion
State v. Clark
Supreme Court of Vermont
Decided December 22, 1995No. 95-208PublishedCited by 12 opinions
1Opinion of the Court
The State appeals a district court order, suppressing evidence of defendant’s refusal to provide an evidentiary breath sample, based on a finding of ineffective assistance of counsel. We reverse.
On October 12, 1994, a Vermont State Trooper observed defendant’s vehicle swerving on Interstate 89 in South Burlington. The officer stopped defendant and detected a strong odor of alcohol on his breath. Defendant refused roadside breath screening and manual dexterity tests. The officer placed him under arrest and transported him to the police station for DWI processing.
While in custody at the police…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- State v. WestSupreme Court of Vermont · 1988
- Pfeil v. Rutland District CourtSupreme Court of Vermont · 1986
- State v. O'BRIENSupreme Court of Vermont · 1992
- State v. LynaughSupreme Court of Vermont · 1992
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. FredetteSupreme Court of Vermont · 1997
- State v. NemkovichSupreme Court of Vermont · 1998
- State v. IronsideSupreme Court of Vermont · 1998
- State v. Paul AikenSupreme Court of Vermont · 2015
- State v. VelezSupreme Court of Vermont · 2003
7 more not listed; retrieve them via the Exa API.