State v. Hagen

Defendant appeals from a conviction after a court trial of driving while under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2). We affirm.

The arrest leading to the conviction followed an accident involving defendant’s vehicle and a tractor in Shoreham. Defendant was transported to the Porter Medical Center emergency room due to injuries received in the accident. The principal issue on appeal is defendant’s assertion that the trial court erred in rejecting the testimony of his father as not credible. Defendant’s father, who was present in the emergency room, testified that he…