State v. Bessette

The defendant was tried and convicted of driving under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2), and driving with license suspended, 23 V.S.A. § 674.

On appeal, defendant claims that the trial court: (1) abused its discretion by denying defendant’s request to present a surrebuttal witness at the close of defendant’s case; (2) improperly considered defendant’s previous convictions when it imposed sentence; and (3) improperly considered defendant’s indigency when it imposed sentence. We affirm defendant’s conviction.

The defendant and another occupant were stopped by an…