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· 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 CourtListener

Sourced 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.