State v. Sherwood

Amestoy, CJ.

In this appeal from defendant’s conditional nolo contendere plea for driving under the influence of intoxicating liquor (“DUI”) we are asked to decide whether the State’s videotaping of defendant’s telephone conversation with his attorney violates the statutory right to counsel under 23 V.S.A. § 1202(c) warranting dismissal of the charges or suppression of defendant’s refusal to submit to a breath test. Because we agree with the district court’s determination that defendant failed to demonstrate that the videotaping affected his consultation with his attorney, or that the *29State…