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State v. May4/14/2005
1) the telephone consultation with the on-call public defender at the station prior to the evidentiary breath test did not satisfy the requirements of the statute, and (2) the UVM police officer who stopped and arrested defendant lacked authority to do so under the Vermont State Constitution, and therefore, defendant's arrest was invalid. While not expressly deciding the first question, the district court's opinion does indicate that it is disposed to deciding this issue against defendant. Nonetheless, we regard it as open for consideration on remand. The district court did not reach the second issue; thus, we also consider it open for review upon remand.
The district court's decision on the motion to suppress is reversed, and the decision on the motion to dismiss the civil proceeding is vacated. Both the criminal and the civil cases against defendant are remanded to the trial court for further proceedings.
John A. Dooley, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
Paul L. Reiber, Associate Justice
Frederic W. Allen, Chief Justice (Ret.), Specially Assigned
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