State v. White

Supreme Court of Vermont

State v. White

421 A.2d 1283, 139 Vt. 23, 1980 Vt. LEXIS 1383

CourtSupreme Court of Vermont

DecidedSeptember 8, 1980

DocketNo. 141-79

StatusPublished

This text of 421 A.2d 1283 (State v. White) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. White, 421 A.2d 1283, 139 Vt. 23, 1980 Vt. LEXIS 1383 (Vt. 1980).

Pincite

Opinion

Per Curiam.

This is an appeal from a conviction for operating a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201 (a) (2). Evidence of a blood-alcohol content of .16% by weight at the time of testing was introduced, and related back to the time of operation. This triggered the operation of 23 V.S.A. § 1204(a) (3), which allows the jury to find that the defendant was under the influence at the time of operation upon proof of .10% blood-alcohol con[24]*24tent by weight at that time. State v. Dacey, 138 Vt. 491, 418 A.2d 856 (1980). The court, however, erred in its instructions to the jury by giving § 1204(a) (3) the effect of a burden-shifting presumption, rather than a permissive inference. Accordingly, our decision in State v. Dacey, supra, requires reversal.

Because we are reversing, the other claims of error raised by the defendant need not be addressed.

Reversed and remanded.

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Per Curiam.

This is an appeal from a conviction for operating a motor vehicle while under the influence of intoxicating liquor. 23 V.S.A. § 1201 (a) (2). Evidence of a blood-alcohol content of .16% by weight at the time of testing was introduced, and related back to the time of operation. This triggered the operation of 23 V.S.A. § 1204(a) (3), which allows the jury to find that the defendant was under the influence at the time of operation upon proof of .10% blood-alcohol con[24]*24tent by weight at that time. State v. Dacey, 138 Vt. 491, 418 A.2d 856 (1980). The court, however, erred in its instructions to the jury by giving § 1204(a) (3) the effect of a burden-shifting presumption, rather than a permissive inference. Accordingly, our decision in State v. Dacey, supra, requires reversal.

Because we are reversing, the other claims of error raised by the defendant need not be addressed.

Reversed and remanded.

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Bluebook (online)

421 A.2d 1283, 139 Vt. 23, 1980 Vt. LEXIS 1383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-vt-1980.

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