State v. McNeil

Defendant entered a conditional plea of guilty to a charge of driving under the influence of intoxicating liquor (DUI), 23 V.S.A. § 1201(a)(2), and was granted an interlocutory appeal on the question of whether she was in control of the vehicle “on a highway” within the meaning of § 1201(a)(2).1 We answer that question in the negative.

A dispatcher for the Yellow Cab Company in Burlington observed defendant’s vehicle late at night in the parking lot where the company stores and maintains its cabs. Notified by the dispatcher, a police officer arrived, observed signs consistent with…