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= &n= bsp; &nbs= p; = &n= bsp; ENTRY ORDER
= &n= bsp; &nbs= p; SUPREME COURT DOCKET NO. 2004-370
= &n= bsp; &nbs= p; = &n= bsp; APRIL TERM, 2005
State of Vermont = &n= bsp; &nbs= p; = <= /span>} = APPEALED FROM:
v. = &n= bsp; &nbs= p; = &n= bsp; } = District Court of Vermont,
Karl Davignon &nb= sp;  = ; &= nbsp; &nb= sp;  = ; }
} DOCKET NO= . 57-6-04 Oscs
Trial Judge: Dennis = R. Pearson
= ; &= nbsp; &nb= sp; In the above-entitled cause, the Clerk will enter:
appeals pro se from the civil suspension of his driver’s license.
In June 2004, defendant was arrested for suspicion of driving under the influ= ence, and he was provided with a notice that his driver’s license would be suspended. Defendant request= ed a civil suspension hearing, and a final hearing was held in August 2004. At the hearing, the State submitt= ed an affidavit from the arresting officer.&nbs= p; The officer averred that on the evening in question, defendant was = found in his car, which he had driven off the road. Defendant was behind the wheel, t= he keys were in the ignition, and the vehicle was in drive. After speaking with defendant, it= became apparent to the officer that defendant was intoxicated. The officer could smell a strong = odor of alcoholic beverages coming from defendant, and defendant was confused and repeating things over and over. His eyes were bloodshot, his speech was slurred, and when he exited the vehicl= e, he swayed and stumbled as he walked. There was an open container of beer in the car. The officer informed defendant of= his rights, and defendant submitted to a breath test. Defendant’s breath alcohol = level was .205 percent. The State = also submitted an affidavit from Theodore Manazir, a state chemist, regarding the accuracy and reliab= ility of the breath testing procedure. Based on the State’s evidence, and defendant’s failure = to raise any issues in writing as required by 23 V.S.A. § 1205(h), the c= ourt entered judgment for the State, suspending defendant’s license. This appeal followed.
assertion that he was denied due process is without merit. The court made findings on the is=
set forth in 23 V.S.A. § 1205(h).&nb=
While defendant argues that the key to his automobile was not in the ignitio=
the car was not in drive on the evening in question, the trial court found
otherwise. The court found t=
arresting officer had reasonable grounds to believe that defendant had been
operating, attempting to operate, or in actual physical control of his
vehicle, while under the inf=
of alcohol in violation of 23 V.S.A. § 1201. Because this finding is supported by the evidence, we wil=
disturb it on appeal. N.A=
Holdings, Inc. v. Pafundi, 169 Vt. 437, 438 (1999) (trial court’s
factual findings will stand unless, taking the evidence in the light most
favorable to the prevailing party, and excluding the effect of modifying
evidence, there is no reasonable or credible evidence to support them).
BY THE COURT:
John A. Dooley, Associate Justice
Denise R. Johnson, Associate Justice
Frederic W. Allen, Chief Ju= stice (Ret.),