State v. Stearns
In State v. Stearns, 159 Vt. 266, 271, 617 A.2d 140, 142 (1992) the Court rejected the defendant's claim that the State was collaterally estopped from relitigating in the criminal case the court's earlier ruling in the civil suspension hearing on the issue of defendant's alleged refusal to take the test. See 159 Vt. at 272, 617 A.2d at 143.
The Court suggested that, in civil suspension hearings, it was the State's decision whether to risk that a defendant's license would not be suspended because an officer's affidavit could not adequately convince the court in the face of defendant's live testimony on an issue. Id. at 271-72, 617 A.2d at 143.