State v. Turner

Defendant appeals from his conviction, following jury trial, of driving while under the influence of intoxicating liquor, a violation of 23 V.S.A. § 1201 (a) (2). Defendant raises three issues on appeal: (1) the trial court erred in failing to grant his motion for mistrial after a police officer testified that defendant presented a “problem” when he exercised his right to consult an attorney before taking a breath test; (2) the State committed plain error in asking defendant during cross-examination if he realized he was violating the law by sipping beer while driving; and (3) the court erred…