State v. Velez

¶ 1. The State takes this interlocutory appeal, pursuant to V.R.A.P. 5(b)(1), from a Windham District Court decision granting defendant Jorge Velez’s motion to suppress his evidentiary breath test results. Defendant argued that he was deprived of the right to counsel that 23 V.S.A. § 1202(c) establishes for DUI detainees because the on-call public defender contacted by the arresting officer refused to speak with him. In light of this Court’s decision in State v. Gilman, 173 Vt. 110, 787 A.2d 1238 (2001), the district court granted defendant’s motion to suppress on the grounds that even if the…