State v. Garvey

Daniel Joseph Garvey was convicted after jury trial in the District Court of Vermont, Unit No. 4, Caledonia *30Circuit, of operating an automobile while under the influence of intoxicating liquor. He now appeals to this Court, alleging that erroneous references were made at trial concerning a second urine sample taken for his benefit under 23 V.S.A. § 1203(a), which provides that a sufficient sample shall be taken to enable the individual, at his option, to have an independent analysis of the sample made.

The record reveals, in pertinent part, the following proceedings at trial. During direct…