Pfeil v. Rutland District Court

The State of Vermont appeals an order of the superior court vacating a district court order entered pursuant to 23 V.S.A. § 1205(a) requiring the Commissioner of Motor Vehicles (Commissioner) to suspend defendant’s license to operate a motor vehicle for a period of six months because he refused to submit to alcohol testing. The State makes three arguments on appeal. First, it argues that case law conferring jurisdiction on the superior court to hear the appeal should be overruled. Second, it contends that even if the court had jurisdiction, it went beyond the issues properly before it in an…