State v. Tatro

Allen, C J.

Defendant was convicted after a jury trial of driving under the influence of alcohol in violation of 23 V.S.A. § 1201. The conviction was his sixth offense, and the court sentenced him pursuant to 23 V.S.A. § 1210(d). We affirm.

Central to the appeal is the testimony of Victor Sears, who was one of the first persons to arrive at the scene of the accident, which occurred within a few hundred yards of Sears’ father’s residence. Sears observed that two persons were seated in the right front passenger seat, one on top of the other. He testified that the person on top, later identified…