State v. Vezina

¶ 1. Defendant Douglas Vezina appeals from the trial court’s denial of his Motion to Exclude Breath Test Evidence. Defendant argues that his right to a second breath test under 23 V.S.A. § 1202(d)(5) was violated when the arresting officer did not make an attempt to provide an alternative test after the testing instrument’s failure to analyze the second breath sample, and that this failure warrants suppression of the first test’s results. We affirm.

112. On April 22, 2002, a Newport police officer found defendant sitting in his parked vehicle on an exit ramp of Interstate 91. After a field…