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State v. Clark
Citations: 175 Vt. 506; 2003 VT 29; 825 A.2d 803; 2003 Vt. LEXIS 69Docket: No. 02-362
Court: Supreme Court of Vermont; March 26, 2003; Vermont; State Supreme Court
The State appeals a trial court's dismissal of charges against the defendant during arraignment and a preliminary civil suspension hearing, asserting that the defendant operated a vehicle under the influence of alcohol. Although the court initially found probable cause, it later granted the defendant's motion to dismiss, arguing the investigating officer lacked reasonable grounds for the stop. The State contended that the stop's legality was irrelevant to the probable cause determination and should be addressed in a subsequent hearing. The appellate court reversed the trial court's decision, reiterating that under V.R.Cr.P. 5(c), the court's review should be limited to determining whether there is probable cause to believe an offense occurred and that the defendant committed it. The court cited its precedent in State v. Roya, emphasizing that a dismissal for lack of probable cause allows for re-filing of the information without prejudice. The trial court erred by delving into the legitimacy of the stop rather than only assessing probable cause. Any constitutional challenges regarding the stop should be raised through a motion under V.R.Cr.P. 12(b), which allows for proper notice and preparation for the State. Additionally, the trial court dismissed the civil suspension on similar grounds. While challenges to the stop are appropriate in a final civil suspension hearing, the preliminary hearing's purpose is to facilitate discovery, not to resolve the merits of the stop. As a result, the dismissal was improper, and the statutory time frame for conducting the civil suspension hearing will restart from the reinstatement of the suspension. The appellate court reversed and remanded the case for further proceedings.