State v. Comstock

Defendant appeals his conviction for driving while-under the influence of intoxicating liquor, 28 V.S.A. § 1201(a)(2). He claims (1) the State did not meet its burden to prove, beyond a reasonable doubt, that he was under the influence of intoxicating liquor; (2) the officer who administered the “breath test” lacked sufficient grounds to request a test; (3) the test-results should not have been admitted because an evidentiary chain of custody was not sufficiently established; and (4) the-breath test results should not have been admitted because they were unfairly prejudicial. We disagree and…