STATE v. NUGENT

No. 13-078.

88 A.3d 429 (2014)

2014 VT 4

STATE of Vermont v. Edward NUGENT.

Supreme Court of Vermont.

January 10, 2014.


Attorney(s) appearing for the Case

Greg Nagurney , Department of State's Attorneys, Montpelier, and Vincent Illuzzi , Essex County State's Attorney, Orleans, for Plaintiff-Appellant.

David C. Sleigh and Kyle L. Hatt of Sleigh Law, St. Johnsbury, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, SKOGLUND, ROBINSON and CRAWFORD, JJ.


REIBER, C.J.

¶ 1. The State of Vermont appeals from the trial court's grant of defendant's motion for judgment as a matter of law on his civil driver's license suspension. The trial court held that the State did not prove by a preponderance of the evidence that defendant's blood alcohol concentration (BAC) was 0.08 or above at the time he operated a motor vehicle. We affirm the trial court's decision.

¶ 2. The facts are uncontested. On October 6...

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