Legal Opinion
State v. Erika M. Schapp
Supreme Court of Vermont
Decided May 17, 2019No. 2018-003PublishedCited by 6 opinions
1Opinion of the CourtEaton, J.
¶ 1. Defendant appeals a conviction of refusal to submit to an evidentiary breath test to determine blood-alcohol concentration. Defendant argues that (1) the court erroneously admitted evidence of her refusal to take a preliminary breath test (PBT), (2) the State failed to meet its burden of proving the "reasonableness" requirement for criminal refusal beyond a reasonable doubt, and (3) the State failed to prove that she refused the test. We affirm.
¶ 2. Defendant was charged with driving while intoxicated (DUI), second offense, and criminal refusal. The charges were bifurcated for trial.1 In…
2Cases cited14 opinions
- Florida v. RoyerSupreme Court of the United States · 1983
- Brinegar v. United StatesSupreme Court of the United States · 1949
- United States v. SantosCourt of Appeals for the Tenth Circuit · 2005
- United States v. Richard a ManuelCourt of Appeals for the Tenth Circuit · 1993
- Shea v. MetcalfSupreme Court of Vermont · 1998
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3Cited by6 opinions
- State v. Paul R. AlzagaSupreme Court of Vermont · 2019
- State v. Venessa Sarkisian-KennedySupreme Court of Vermont · 2020
- State v. Peter John Williams / State v. Peter J. BoissoneaultSupreme Court of Vermont · 2020
- State v. Geromy WellsSupreme Court of Vermont · 2025
- In Re Thomas KeelerSupreme Court of Vermont · 2022
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