State v. Green

Summary

The Vermont Supreme Court affirmed a judgment in favor of the defendant in a civil license-suspension proceeding. It held that when a motorist submits to an evidentiary test, the State must prove by a preponderance of the evidence that the motorist was operating, attempting to operate, or in actual physical control of a vehicle, rather than proving only that the officer had reasonable grounds to believe the motorist was operating it. The court distinguished cases involving a refusal to submit to testing.

Holdings

1. When a motorist submits to an evidentiary test and the test indicates an alcohol concentration above the legal limit, the State must prove by a preponderance of the evidence that the motorist was operating, attempting to operate, or in actual physical control of the vehicle at the relevant time; proof only that the officer had reasonable grounds to request the test is insufficient.

Questions Presented

1. In a civil license-suspension proceeding where the motorist submitted to an evidentiary test, must the State prove by a preponderance of the evidence that the motorist was operating, attempting to operate, or in actual physical control of the vehicle?
2. Does the statutory reasonable-grounds standard applicable to test-refusal cases also apply when the motorist submitted to the test?

Disposition

affirmed