BIRDSONG, Chief Judge.
Richard Anthony Dion was charged alternatively with two counts of driving while under the influence of alcohol, Count 1 simply alleging such operation, the second alleging Dion operated the vehicle with a .12 blood alcohol content, an amount of sufficient intensity to establish intoxication as a matter of law. He was convicted of Count 1 and acquitted of Count 2. He was sentenced to 12 months probated but with 15 days to serve and a $650 fine...
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