State v. Nichols

Defendant appeals the denial of a petition for extraordinary relief brought in superior court pursuant to V.R.A.P. 21(b). We affirm.

On May 8, 1987, defendant was stopped for driving under the influence of alcohol, 23 V.S.A. § 1201(a)(2), and driving with his license suspended, 23 V.S.A. § 674(a). Defendant was arraigned on June 9, 1987. Since defendant refused to submit to an evidentiary test, a refusal hearing was scheduled. See 23 V.S.A. § 1205. The court gave defendant a notice directing him to “personally appear in this court for a refusal hearing” on June 23, 1987. Defendant signed the…