State v. Stevens

Defendant appeals his conviction, after a jury trial, of being in actual physical control of a motor vehicle on a highway while under the influence of intoxicating liquor (DUI), in violation of 23 V.S.A. § 1201(a)(2).* We affirm.

*616On February 25, 1987, at about 1:45 a.m., a Vermont State Police officer saw a vehicle off an exit ramp on Interstate 89. He approached the vehicle, which was straddling a snowbank on the side of the road, and observed defendant standing by the rear wheels of the car. Defendant was kicking snow out from under the wheels, and the car’s engine was running. No one else…