State v. Michael Grace

¶ 1. Defendant appeals from a judgment of conviction of driving under the influence, *125 third offense, in violation of 23 V.S.A. §§ 1201(a) and 1210(d). Among other claims, defendant contends the trial court committed prejudicial error by proceeding with a motion-to-suppress hearing in defendant's absence. We agree, and therefore reverse the order denying the motion to suppress.

¶ 2. This case arose out of a motor vehicle stop that occurred on the evening of November 19, 2013, in the Town of Bristol, and resulted in a charge against defendant of driving under the influence. Prior to trial,…