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STATE v. McNEIL

No. 94-436.

665 A.2d 51 (1995)

STATE of Vermont v. Margaret McNEIL.

Supreme Court of Vermont.

August 11, 1995.

Attorney(s) appearing for the Case

Scot Kline, Chittenden County State's Attorney, and Pamela Hall Johnson, Deputy State's Attorney, Burlington, for plaintiff-appellee.

Francis X. Murray, Burlington, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

DOOLEY, Justice.

Defendant entered a conditional plea of guilty to a charge of driving under the influence of intoxicating liquor (DUI), 23 V.S.A. § 1201(a)(2), and was granted an interlocutory appeal on the question of whether she was in control of the vehicle "on a highway" within the meaning of § 1201(a)(2).1 We answer that question in the negative.

A dispatcher for the Yellow Cab Company in Burlington observed defendant...

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