State v. Spooner

Summary

The Vermont Supreme Court affirmed dismissal of a civil driver’s license suspension complaint. The court held that the State failed to establish compliance with Vermont’s statutory requirement for a reliable second infrared breath test after the defendant elected to receive one. The court upheld the trial court’s finding that the testing procedure departed from the Department of Health’s prescribed protocol and that the absence of a reliable second test defeated the civil-suspension case.

Holdings

1. The trial court did not clearly err in finding that the second successful breath test was unreliable because the officer continued using the DataMaster after it generated a fatal "standard out of range" error, contrary to the applicable operating protocol.
2. When a motorist elects a second evidentiary breath test, the State must establish that the second test was conducted using valid and reliable methods; an unreliable second test prevents the State from establishing compliance with 23 V.S.A. § 1202 and requires denial of the civil suspension, even if the first test was valid and reliable.

Questions Presented

1. Whether the trial court clearly erred in finding that the second successful DataMaster breath test was not conducted in a valid and reliable manner.
2. Whether a reliable first breath test alone could sustain a civil driver's-license suspension when the motorist elected a second test that was not reliably administered.
3. Whether failure to comply with the statutory second-test requirement under 23 V.S.A. § 1202(d)(5) prevented the State from establishing an essential element of its civil-suspension complaint.

Disposition

affirmed