sobriety test (Vermont) · Go Syfert
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sobriety test in Vermont

6 Vermont opinions name it 1 courts 1964–2011 0 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Curavoogreen
vt · 1991 · cited in 1 Vermont opinions naming this issue, 1998–1998
2 sentences

1998See State v. Curavoo, 156 Vt. 72, 75 , 587 A.2d 963, 964-65 (1991) (“There being no statutory ground for refusal to submit to field dexterity tests, ‘there is no reason not to consider refusal as evidence of consciousness of guilt.’”) (quoting State v. Hoenscheid, 374 N.W2d 128, 132 (S.D. 1985)).

1998See State v. Curavoo, 156 Vt. 72, 75 , 587 A.2d 963, 964-65 (1991) (“There being no statutory ground for refusal to submit to field dexterity tests, ‘there is no reason not to consider refusal as evidence of consciousness of guilt.’”) (quoting State v. Hoenscheid, 374 N.W2d 128, 132 (S.D. 1985)).

11
State v. Hoenscheidgreen
sd · 1985 · cited in 1 Vermont opinions naming this issue, 1998–1998
1 sentence

1998See State v. Curavoo, 156 Vt. 72, 75 , 587 A.2d 963, 964-65 (1991) ("There being no statutory ground for refusal to submit to field dexterity tests, `there is no reason not to consider refusal as evidence of consciousness of guilt.'") (quoting State v. Hoenscheid, 374 N.W.2d 128, 132 (S.D.1985)).

11
State v. Lombardgreen
vt · 1985 · cited in 1 Vermont opinions naming this issue, 1988–1988
2 sentences

1988Because we have held previously that it is not, see State v. Lombard, 146 Vt. 411, 417, 505 A.2d 1182, 1185-86 (1985), we do not reach the question of whether Mr. Schmitt was in custody at the time he took the sobriety test.

1988Because we have held previously that it is not, see State v. Lombard, 146 Vt. 411, 417, 505 A.2d 1182, 1185-86 (1985), we do not reach the question of whether Mr. Schmitt was in custody at the time he took the sobriety test.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Muzzy green
vt · 1964
2 sentences

1969“A criminal trial on ;a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs is a distinct and separate proceeding from a hearing to determine whether an operator’s license should be suspended because of the holder’s refusal to submit to a sobriety test.” State v. Muzzy, 124 Vt. 222, 224 , 202 A.2d 267 .

1969“A criminal trial on ;a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs is a distinct and separate proceeding from a hearing to determine whether an operator’s license should be suspended because of the holder’s refusal to submit to a sobriety test.” State v. Muzzy, 124 Vt. 222, 224 , 202 A.2d 267 .

21969–1971
State v. Blouin green
vt · 1998
2 sentences

2011In the context of an unreliable test with results that the Legislature deemed inadequate for substantive admission, it is not always the case that “[e]vidence that a motorist refused to perform a sobriety test is probative of guilt, and therefore relevant.” Blouin, 168 Vt. at 121 , 716 A.2d at 828 .

2011In the context of an unreliable test with results that the Legislature deemed inadequate for substantive admission, it is not always the case that “[e]vidence that a motorist refused to perform a sobriety test is probative of guilt, and therefore relevant.” Blouin, 168 Vt. at 121 , 716 A.2d at 828 .

12011–2011
Prucha v. Department of Motor Vehicles green
neb · 1961
2 sentences

1964Prucha v. Department of Motor Vehicles, 172 Neb. 415 , 110 N.W.2d 75 .

1964Prucha v. Department of Motor Vehicles, 172 Neb. 415 , 110 N.W.2d 75 .

11964–1964

Where else courts name it

TX 28 (1954–2011) NY 19 (1983–2016) OH 18 (1970–2009) IL 11 (1985–2008) PA 11 (1949–2024) MT 10 (1981–2018) OK 9 (1957–2025) IN 8 (1972–2020) DE 7 (1952–2024) MA 7 (1988–2023) CA 6 (1966–2018) OR 6 (1971–2017) VT 6 (1964–2011) WA 5 (1973–2014) CO 5 (1966–2015) MO 5 (1985–2025) GA 4 (1999–2014) MD 4 (1984–2019) IA 4 (1967–1986) NJ 4 (1987–2024) ME 3 (1980–2000) MN 3 (2001–2026) FL 3 (2014–2014) MS 3 (1975–2006) AL 3 (1979–2002) NM 3 (2007–2020) MI 2 (2024–2025) KY 2 (2017–2021) HI 2 (1978–1980) TN 2 (1984–1985) WY 2 (1982–1986) VA 2 (2001–2015) NC 2 (2000–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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