State v. Dellveneri, 76-68
| Decision Date | 07 October 1969 |
| Docket Number | No. 76-68,76-68 |
| Citation | 128 Vt. 85,258 A.2d 834 |
| Court | Vermont Supreme Court |
| Parties | STATE of Vermont v. Arthur DELLVENERI. |
Ezra S. Dike, State's Atty., James M. Jeffords, Atty. Gen., and Fred I. Parker, Deputy Atty. Gen., for the State.
Conley & Foote, Middlebury, for defendant.
Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER., JJ.
At a summary hearing held in the Vermont District Court, Addison Circuit, on the reasonableness of the respondent's refusal to submit to any of the tests to determine the alcoholic content of his blood as provided under the Implied Consent Law, 23 VSA Secs. 1188-1194, inclusive, the respondent made a motion to dismiss the proceeding. The District Court, reserving its decision in the matter, under the provisions of 12 VSA Sec. 2386, certified a question for determination by this Court:
'Where a respondent is under arrest for driving while under the influence of intoxicating liquor, can he be found unreasonable in refusing to submit to a chemical test if the arresting officer has failed to advise him at the time of arrest of his constitutional right to be represented by counsel before requiring him to submit to a chemical test?'
The factual situation here is a simple one. The respondent was arrested by two State Police officers on March 9, 1968, while operating a truck on the public highway and who charged him with driving while intoxicated. After his arrest, the respondent was informed by the police officers that he had a choice of submitting to three tests to determine the amount of alcohol in his blood. At the same time he was informed that he had a legal right to refuse any of such tests, but that such refusal would result in a summary hearing before the District Court upon the reasonableness of his refusal. He was also informed that if the court found his refusal to submit to such tests to be unreasonable that his automobile driving license would be suspended for a period of six months.
The request and warning was repeated to the respondent at three different times by the police officers and respondent's reply after each of such requests was that he did not know what to do. At no time did the respondent request the assistance of a lawyer to aid him in making his decision.
The result was that no tests were applied to the respondent and a summary hearing on the reasonableness of his refusal was held before the Vermont District Court, Addison Circuit, from which the question presented was certified here.
The contention of the respondent in his brief here, as it was before the District Court, was that the respondent being charged with a crime was entitled to be assigned counsel under 13 VSA Sec. 6503 (a) for assistance in determining whether or not he should submit to the requested tests. Also claimed by the respondent is that there was a duty on the part of the arresting officers to advise and warn him of his constitutional right to counsel, as provided in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Respondent's brief, taken as a whole, treats the summary hearing on his refusal to take the test for possible alcoholic content of his blood, and the possible resultant loss of his operator's license for a period of six months, as a criminal proceeding. In this viewpoint he is mistaken.
The statute, 23 VSA 1188, states plainly that a person who operates or attempts to operate a motor vehicle upon a public highway of this state, is deemed to have given his consent to submit to the tests prescribed in the statutes for the purpose of determining the alcoholic content of his blood whenever he is under arrest for operating a motor vehicle while under the influence of alcolholic liquor or drugs. The statute is clear that a person who seeks the privilege of driving a motor vehicle on Vermont highways explicitly accepts the provision of this act as a prerequisite to being granted a license to become a motor vehicle operator.
Whatever the law may be elsewhere, in Vermont the granting of a license to operate a motor vehicle has been held to be a privilege...
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Prideaux v. State, Dept. of Public Safety
...Morris, 218 Pa.Super. 347, 280 A.2d 658 (1971); Blow v. Commr. of Motor Vehicles, 83 S.D. 628, 164 N.W.2d 351 (1969); State v. Dellveneri, 128 Vt. 85, 258 A.2d 834 (1969); Deaner v. Commonwealth, 210 Va. 285, 170 S.E.2d 199 (1969).4 See, United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 1......
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Hansen v. Owens, 16977
...communicative evidence which is protected by the privilege. State v. Andrews, 297 Minn. 260, 212 N.W.2d 863 (1973); State v. Dellveneri, 128 Vt. 85, 258 A.2d 834 (1969). Whatever the sanction, however, it bears emphasis that one cannot be coerced by force or brutality to submit to a handwri......
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State v. Epperson
...Morris, 218 Pa.Super. 347, 280 A.2d 658 (1971); Blow v. Commr. of Motor Vehicles, 83 S.D. 628, 164 N.W.2d 351 (1969); State v. Dellveneri, 128 Vt. 85, 258 A.2d 834 (1969); Deaner v. Commonwealth, 210 Va. 285, 170 S.E.2d 199 (1969). But see Hall v. Secretary of State, 60 Mich.App. 431, 231 N......
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Davis v. State
... ... 313, 477 P.2d 237, 478 P.2d 654 (1970); Commonwealth v. Morris, 218 Pa.Super. 347, 280 A.2d 658 (1971); State v. Dellveneri, 128 Vt. 85, 258 A.2d 834 ... (1969); Deaner v. Commonwealth, 210 Va. 285, 170 S.E.2d 199 (1969) ... Although courts in some jurisdictions ... ...