RUTLAND | Following trial on Nov. 15, a Rutland jury convicted Edward Pearsall, 52, of driving under the influence (DUI) of alcohol.
At trial, the state presented evidence that on Dec. 10, 2016, Pearsall operated a motor vehicle on Killington Road in Killington and was stopped by Trooper Jeffrey Stephenson of the Vermont State Police.
Trooper Stephenson testified that he observed numerous signs of impairment and that Pearsall had significant difficulty producing proper documentation for his vehicle. Despite exhibiting signs of impairment, Pearsall refused to perform standard field sobriety exercises or provide an evidentiary sample of his breath.
Nonetheless, the jury concluded that Pearsall had operated his vehicle while impaired by alcohol to the slightest degree, which is prohibited by 23 V.S.A. §1201
Deputy State’s Attorney Travis Weaver tried the case for the Rutland County State’s Attorney’s Office. Pearsall was represented by Mark Furlan, an Attorney of Rutland City.
Also, following a trial on Nov. 14, a Rutland jury convicted Andrew Delong, 38, of refusing to submit to an evidentiary breath test after operating a motor vehicle on a public highway where the police had reasonable grounds to believe he was under the influence of alcohol. Delong had previously been convicted of DUI on May 14, 2010 and Jan. 7, 2014.
DUI-refusal is prohibited by 23 V.S.A. § 1201, which makes it unlawful for an individual who has previously been convicted of DUI to refuse an officer’s reasonable request to submit to an evidentiary sample of breath where the officer has reasonable grounds to believe that the individual has operated a motor vehicle while under the influence alcohol, drugs or both.
Sentencing has yet to be set in this case. Delong is currently on probation for driving under the influence, second offense and has pending charges for driving under the influence, third offense along with numerous charges of violating conditions of release.
Deputy State’s Attorney Travis Weaver tried the case for the Rutland County State’s Attorney’s Office. Delong was represented by Mary Kay Lanthier of the Rutland County Public Defender’s Office.
