State v. Nugent

¶ 1. The State of Vermont appeals from the trial court’s grant of defendant’s motion for judgment as a matter of law on his civil driver’s license suspension. The trial court held that the State did not prove by a preponderance of the evidence that defendant’s blood alcohol concentration (BAC) was 0.08 or above at the time he operated a motor vehicle. We affirm the trial court’s decision.

¶ 2. The facts are uncontested. On October 6, 2012, at 7 p.m., several witnesses observed as defendant drove his truck off the *412road at a curve on Route 2 in Lunenburg, Vermont. The truck was flung across a…