State v. Valyou

¶ 1. The State charged defendant with one count of grossly negligent operation of a motor vehicle, with serious injury resulting, as a result of his falling asleep while driving and causing an accident. 23 V.S.A. § 1091(b). Defendant successfully moved to dismiss under V.R.Cr.P. 12(d), and the State appealed. The district court found that defendant’s admission that he felt drowsy and had fallen asleep “a couple of times” while driving shortly before his accident was not, as a matter of law, sufficient evidence of gross negligence as required by statute. We disagree, and reverse and remand.

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