State v. Vanderlas

The defendant was convicted of driving while under the influence of intoxicating liquor (DUI) in violation of 23 V.S.A. § 1201 (a) (2). On appeal, she claims that the trial judge erred in making a pretrial ruling preventing her from presenting any evidence in support of her defense of entrapment. We agree with the defendant and therefore reverse and remand for a new trial.

On the night of her arrest, the defendant had been a passenger in a car when the police stopped the car and arrested the driver for drunk driving. For some unexplained reason, the police administered a breath test to the…