STATE v. BAILEY

No. 87-028.

546 A.2d 786 (1988)

STATE of Vermont v. Everett C. BAILEY, Jr.

Supreme Court of Vermont.

April 8, 1988.


Attorney(s) appearing for the Case

Kurt M. Hughes, Chittenden County Deputy State's Atty., Burlington, for plaintiff-appellee.

Blais, Cain, Keller & Fowler, Inc., Burlington, for defendant-appellant.

Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and BARNEY C.J. (Ret.), Specially Assigned.


GIBSON, Justice.

Defendant appeals his conviction, after a trial by court, of the offense of driving while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2). We affirm.

Early one morning, a state police officer patrolling Interstate 89 came upon defendant attempting to extricate his vehicle from a snowbank. The vehicle's two left tires were on the paved surface of the breakdown lane, while the other two tires were embedded...

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