Shaw v. VERMONT DIST. COURT, UNIT NO. 3

Plaintiff appeals a superior court decision upholding the district court’s refusal finding made pursuant to 23 V.S.A. § 1205(e) (fourth refusal to submit to alcohol testing). The superior court also upheld the suspension issued by the Commissioner of Motor Vehicles. Plaintiff makes four arguments on appeal: (1) the license of a nonoperator cannot be suspended for failure to take a test; (2) the district court used an inadequate standard of proof in determining that plaintiff’s license should be suspended; (3) plaintiff had a right to trial by jury in the district court on the refusal issue;…