Vermont v. Sarkisian-Kennedy
Annotate this CaseFollowing a jury trial, defendant Venessa Sarkisian-Kennedy was convicted of operating a vehicle under the influence of alcohol, second offense (DUI-2), and criminal refusal of an evidentiary breath test (refusal). She appealed, arguing that the trial court erred in: (1) admitting, subject to what she contended was an ineffective limiting instruction) the results of a horizontal gaze nystagmus (HGN) test offered by the State absent scientific, foundational testimony from an expert witness; and (2) allowing the State to present evidence of her refusal to consent to a preliminary breath test (PBT) on the theory that it was relevant to consciousness of guilt. After review, the Vermont Supreme Court concurred with defendant’s first contention, but not the second. The Court therefore reversed and remanded the refusal conviction and affirmed the DUI-2 conviction.
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