State v. Wells

Defendant Kim Wells appeals from a district court decision suspending her driver’s license after a civil suspension merits hearing pursuant to 23 V.S.A. § 1205. She contends that the district eoui't (1) erroneously applied the burden of proof in weighing her claim that the Datamaster breath analysis test does not comply with the performance standards of the Heath Department breath analysis rules, and (2) erred in concluding that the evidence submitted below was sufficient to find that the Datamaster complies with pertinent Health Department breath analysis rules. We affirm.

At approximately…