State v. Shotton

This is an appeal by defendant from a jury verdict which found her guilty of driving while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2). The sole issue presented for our review is whether the trial court erred in refusing to instruct the jury on the defense of necessity when evidence was presented which raised factual issues relating to that defense. We reverse and remand for a new trial.

At approximately 7:00 p.m. on September 5,1980, defendant was driving on a public highway in Bennington, Vermont. A state trooper noticed that she was driving slowly,…