State v. Stevens

The defendant was convicted of a violation of 23 V.S.A. § 1201(a) (2), operating a motor vehicle on a highway while under the influence of intoxicating liquor. The State’s evidence was based on the testimony of the arresting officer and the results of a breath test, which showed 0.18 of alcohol in the defendant’s blood. On appeal, he claims prejudice arising out of his trial by a jury that had been impaneled and sworn sixteen days prior to hearing the case; he challenges the competency of the State’s expert and the admissibility of the test results; and he asserts that the court erred in…