State v. Willette

Defendant appeals from a conviction after a trial by jury for driving while intoxicated in violation of 23 V.S.A. § 1201(a)(2). The sole question on appeal is whether the State failed to prove that the appellant was intoxicated at the time of operation of his motor vehicle.

This question requires us to view the evidence in the light most favorable to the State, free from modifying evidence. State v. Dragon, 135 Vt. 35, 36, 370 A.2d 218, 219-20 (1977). The evidence so viewed establishes that at 7:53 p.m. on September 16, 1980, a state trooper discovered a car parked facing south in the…