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STATE v. SMITH

Nos. 10-388, 10-389.

27 A.3d 362 (2011)

2011 VT 83

STATE of Vermont v. Scott SMITH.

Supreme Court of Vermont.

July 28, 2011.

Attorney(s) appearing for the Case

Heather J. Brochu , Franklin County Deputy State's Attorney, St. Albans, for Plaintiff-Appellant.

Matthew F. Valerio , Defender General, Anna Saxman , Deputy Defender General, and Katie Polonsky , Law Clerk (on the Brief), Montpelier, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. At issue in this case is whether a boom lift—a motorized wheeled machine used to elevate and move workers around building sites—is a motor vehicle. Defendant was charged with driving under the influence (DUI) and driving with license suspended (DLS), and was served with a notice of intent to suspend his license as a result of an incident in which he moved a boom lift across a street while intoxicated. The trial court dismissed the...

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