State v. Smith, 27 A.3d 362

Defendant operated a boom lift at a building site and moved it across a street while intoxicated.
Officer detected intoxication and defendant had BAC of 0.203; charged with DUI under 23 V.S.A. § 1201(a)(2) and DLS under § 674(b).
Trial court dismissed both charges, ruling the boom lift was not a motor vehicle under the statutes.
State appealed the DUI and DLS dismissals; material facts about the boom lift’s operation and design were undisputed.
Boom lift is a four-wheel, motor-powered machine capable of self-transport; movement occurs at about five mph; the operator remains in a bucket and uses controls to maneuver.
Statutory question: whether a boom lift fits within the broad definition of motor vehicle in 23 V.S.A. § 4(21) and thus within DUI and suspension provisions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is a boom lift a motor vehicle under 23 V.S.A. § 1201( a )(2) and § 1205(a)?	Boom lift is propelled by power other than muscular power and not excluded by § 4(21) exceptions.	Boom lift is primarily stationary, lacks typical motor vehicle features, and should be excluded as non-transportation equipment.	Yes; boom lift is a motor vehicle under § 4(21) and falls within § 1201(a)(2) and § 1205(a).

State v. Neisner, 2010 VT 112 (2010) (de novo review of motor-vehicle definition)
Coburn v. Seda, 101 Wash.2d 270, 677 P.2d 173 (1984) (inclusive meaning of 'any' in statutory language)
Fairbanks, Morse & Co. v. Comm'r of Taxes, 114 Vt. 425, 47 A.2d 123 (1946) (exception in statute implies no additional implied exceptions)
Vermont Dev. Credit Corp. v. Kitchel, 149 Vt. 421, 544 A.2d 1165 (1988) (nonexistence of unlisted exceptions reaffirmed)
State v. Tacey, 102 Vt. 439, 150 A. 68 (1930) (design/mechanism focus; temporary condition not controlling)
State v. Deyo, 2006 VT 120, 181 Vt. 89, 915 A.2d 249 (2006) (plain language governs statutory interpretation)