State v. Blaine

Defendant appeals his conviction, after jury trial, of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor in violation of 23 V.S.A. § 1201(a)(2). We affirm.

Defendant raises two issues on appeal. First, he argues that he did not have actual physical control of his vehicle, within the meaning of the statute, because the vehicle was inoperable. Defendant next maintains that the trial court erred in excluding expert testimony on the issue of the mechanical condition of his vehicle.

On the evening of February 14, 1985, defendant drove his pickup…