State v. Ward

PERRY, Judge.

The state appeals from the district court’s order on appeal from the magistrate division, affirming in part and reversing in part, a judgment of conviction for driving under the influence. For the reasons set forth below, we affirm in part, reverse in part, and remand.

I

BACKGROUND

On January 24, 1998, Lawrence L. Ward was stopped by a Montpelier city police officer because the trailer Ward was towing had no license plate or taillights. As the officer approached the vehicle, he detected a strong odor of alcohol and noticed that Ward’s eyes were bloodshot and his speech was slurred.…