State v. LeBlanc

In this case, we address the issue we declined to reach in the recent decision, State v. Carpenter, 170 Vt. 371, 377, 749 A.2d 1137, 1141 (2000), namely, whether the savings clause that accompanied the 1991 amendment to 23 V.S.A. § 1210(d) is available to a defendant who had already been convicted of driving under the influence (DUI) three times at the time of the amendment. This is an interlocutory appeal from a decision of the district court granting defendant Andre LeBlanc’s motion to dismiss the DUI, fifth offense charge against him, and amending the charge to DUI, second offense. We…