· 12/2/1969
McGarry v. Costello
Citations
- 260 A.2d 402
- 128 Vt. 234
- 1969 Vt. LEXIS 231
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- although a license is “an important and valued privilege that cannot be arbitrarily revoked ...[,] its exercise and enjoyment are contingent upon compliance with the conditions which the legislature has imposed”
- purpose of implied consent law is to encourage availability of scientific evidence “as a means to affirm or reject the uncertain opinion of a layman derived from observation of external symptoms of intoxication”
- purpose of implied consent law is to encourage availability of scientific evidence \as a means to affirm or reject the uncertain opinion of a layman derived from observation of external symptoms of intoxication\
- legislature encourages the use of chemical analysis in DUI investigations
- officer makes initial “reasonable ground” determination, subject to judicial review
Source: CourtListener parenthetical corpus (CC0).
Judges: Holden, C. J., and Shangraw, Barney, Smith and Keyser
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.