State v. Eckhardt

Defendant appeals from a judgment ordering civil suspension of his license, claiming that the trial court erred in concluding that a driveway serving a single residence constitutes a “highway” within the meaning of 23 V.S.A § 1201(a)(2).1 We affirm.

On March 10, 1995, Vermont State Trooper Michael Maearilla observed a car speeding and followed it into defendant’s driveway. While Trooper Maearilla was questioning the driver, defendant drove up and parked. Defendant got out, and TVooper Maearilla, observing indications of intoxication, processed defendant for DUI.

After a bench trial, the court…