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State v. Westcom2/24/2002
e district court to determine was "whether or not the belief of the officer, from which the request for a test is generated, is a reasonable one." State v. District Court, 129 Vt. 212, 214, 274 A.2d 685, 686 (1971). Because defendant refused to submit to a breath test, the state does not need to prove he was the operator of the vehicle. Therefore, the court's determination, based on the officer's affidavits, that the officer was reasonable in his belief that defendant was the operator of the vehicle was sufficient to justify the suspension.
Affirmed.
Jeffrey L. Amestoy, Chief Justice
John A. Dooley, Associate Justice
James L. Morse, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
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