Vermont v. Perley
Annotate this CaseDefendant Timothy Perley was charged with numerous crimes in March 2013, including: leaving the scene of an accident; violating conditions of release; operating with a suspended license driving under the influence (DUI), third offense; and refusing to submit to an evidentiary test. Defendant pled nolo contendere to the first three charges. Defendant appealed his conviction for refusing to submit to an evidentiary test, arguing that the trial court should have granted his motion for judgment of acquittal because the State failed to prove the “reasonableness” of the State’s request for an evidentiary breath test beyond a reasonable doubt. Finding no reversible error, the Supreme Court affirmed.
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