Legal Opinion
State v. Pecora
Supreme Court of Vermont
Decided May 24, 2007No. Nos. 06-303 & 06-304PublishedCited by 1 opinion
1Opinion of the Court
V 1. In this interlocutory appeal, the State of Vermont challenges the district court’s ruling that it may not use defendants’ convictions for driving while ability impaired (DWAI) from the State of New York for purposes of enhancing a charge of driving under the influence (DUI) in Vermont pursuant to 23 V.S.A. § 1211. We hold that a conviction for DWAI is within the scope of § 1211, and that an oui>of-state conviction obtained in compliance with the constitution of that state, and the Federal Constitution, may be used for enhancement purposes in Vermont. We therefore reverse.
¶ 2. The…
2Cases cited26 opinions
- United States v. HarrissSupreme Court of the United States · 1954
- Zwickler v. KootaSupreme Court of the United States · 1967
- Custis v. United StatesSupreme Court of the United States · 1994
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Blanton v. City of North Las VegasSupreme Court of the United States · 1989
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3Cited by1 opinion
- State v. PecoraSupreme Court of Vermont · 2007