State v. Lund

I concur with the majority view affirming defendant’s disorderly conduct conviction. I agree as well that the issue raised by defendant in appealing his DUI conviction must be resolved through a proper interpretation of 23 V.S.A. § 1202 (a). However, I am unable to agree with the narrow construction of this statutory subdivision relied on by the majority, through which, I believe, the legislative intent has been frustrated, and the power of law enforcement seriously curtailed. Accordingly, I dissent from the entry of judgment in favor of defendant on the DUI charge.

I am in full accord with…