State v. Lamelle

This is an appeal by defendant from his conviction after jury trial on the charge that on July 20, 1973, he operated an automobile on the public highway known as the Cobble Hill Road in East Barre “with a blood alcohol level of .15.” Two lines below the charge the words “T23 Sec 1201” appear.

The issue raised by appellant is whether a judgment of acquittal must be entered on the information in this case.

The pertinent part of 23 V.S.A. § 1201(a) (1), the statute on which the information is based, prohibits the operation, or attempt to operate, any vehicle on a highway while “there is .10 per…