State v. LaFountain

Defendant Lafountain brings this interlocutory appeal from an order denying his motion to dismiss a misdemeanor charge of driving with a suspended license (DLS) in violation of 23 V.S.A. § 674(b). Defendant’s primary argument is that the State’s use of his two prior uncounseled civil violations to enhance the penalty for a third charge violates his constitutional rights to counsel and due process. Defendant also challenges the sufficiency of the information, the nature of proof required by § 674, and the nonbifurcatéd trial below. We affirm.

Prior to the charge at issue, defendant was twice…