Vermont Criminal Law Month attempts to summarize all decisions of the Vermont Supreme Court. The exact precedential value of these decisions is currently the subject of debate, and further discussion of this issue can be found below. In addition, summaries of full-court entry orders will now carry an indication whether they are to be published or unpublished. VCLM is unaware of any reason to believe that any full-court ruling, published or unpublished, carries less than full precedential weight. Adverse civil suspense ruling and denial of motion to dismiss DUI affirmed.
Intent is of no consequence in determining actual physical control.
Actual physical control means the immediate potential to operate a vehicle, which was established by the evidence here. Motion to disqualify the Attorney General's Office on appeal remanded to the trial court. The defendant was convicted of attempted murder following a trial in which the State was represented by the Orange County State's Attorney's Office. The matter was referred to the Office of Attorney General for handling of the appeal, but in the meantime the defendant's attorney's law partner had joined the AG's Criminal Division. The partner had been consulted regularly by the defendant's attorney concerning the case while it was before the trial court.