State v. Senecal

Following a conviction of driving while intoxicated, 23 V.S.A. § 1201(a) (2), the defendant appeals from the denial of a motion to suppress evidence, and from the admission of expert testimony concerning a breath test. The defendant contends that he should have been granted an evidentiary hearing on his suppression motion, and that, upon renewal of his motion, the court gave undue weight to the previous denial and erroneously left the issue for the jury’s determination. The defendant also contends that the expert testimony relating back the results of the breath test to the time of operation…