State v. Begins, No. 85-326

Docket NºNo. 85-326
Citation509 A.2d 1007, 147 Vt. 45
Case DateMarch 28, 1986
CourtUnited States State Supreme Court of Vermont

Page 1007

509 A.2d 1007
147 Vt. 45
STATE of Vermont
v.
Pamela S. BEGINS.
No. 85-326.
Supreme Court of Vermont.
March 28, 1986.

Page 1008

[147 Vt. 46] Robert Andres, Chittenden County Chief Deputy State's Atty., Burlington, for plaintiff-appellee.

Martin and Paolini, Barre, for defendant-appellant.

[147 Vt. 45] Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.

[147 Vt. 46] GIBSON, Justice.

Defendant was convicted of disorderly conduct, 13 V.S.A. § 1026(1), arising out of events following her arrest in South Burlington for driving while under the influence of intoxicating liquor (DUI). She bases her appeal on the inadequacy of the findings below and on the asserted unconstitutionality of the Vermont disorderly conduct statute. We disagree on both grounds and affirm.

Defendant argues first that the court failed to find conduct on her part that could qualify as violent within the meaning of 13 V.S.A. § 1026(1). Section 1026(1) states:

A person who, with intent to cause public inconvenience, or annoyance or recklessly creating a risk thereof:

(1) Engages in fighting or in violent, tumultuous or threatening behavior ... shall be imprisoned for not more than 60 days or fined not more than $500.00 or both.

The defendant, relying on a dictionary definition of "violent," argues that her actions did not constitute "extreme and sudden or [147 Vt. 47] ... unjust or improper force." Webster's New International Dictionary of the English Language 2846 (2d ed. 1955).

The court found that when defendant was stopped, in addition to yelling and screaming, she kicked and resisted arrest and had to be restrained with ankle cuffs, handcuffs, and a seatbelt. Two police officers were required to hold her. The record also indicates that she attempted to bite one of the police officers. This conduct more than justifies the court's finding of violent behavior as contemplated by § 1026(1). Compare State v. Lund, 144 Vt. 171, 178-79, 475 A.2d 1055, 1060-61 (1984) (attempting to bite and struggling with sheriff, yelling, and persistently using profanity

Page 1009

in sheriff's office constituted tumultuous behavior in public place in violation of 13 V.S.A. § 1026(1)).

Nor can the defendant successfully argue that after she entered the police cruiser, her actions were no longer occurring in a public place. The defendant was stopped by police at an intersection in downtown Burlington. That was the locus of her conduct for purposes of the disorderly...

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23 practice notes
  • State v. Schenk, No. 16–166
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 2018
    ...come from these two states.5 In State v. Begins, we relied upon the second holding of Cantwell that the statute was not void for vagueness. 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986). That holding also relies upon the narrowing construction of the statute as set out in the text above. See C......
  • State v. Schenk, No. 2016-166
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 2018
    ...from these two states. 5. In State v. Begins, we relied upon the second holding of Cantwell that the statute was not void for vagueness. 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986). That holding also relies upon the narrowing construction of the statute as set out in the text above. See Cant......
  • State v. Read, No. 95-023
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 22, 1996
    ...challenges to other provisions of the disorderly conduct statute that proscribe conduct rather than speech. See, e.g., State v. Begins, 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986) (rejecting vagueness challenge to "violent, tumultuous or threatening behavior" provision of 13 V.S.A. § 1026(1)......
  • State v. Indrisano, No. 14631
    • United States
    • Supreme Court of Connecticut
    • April 5, 1994
    ...Cincinnati v. Hoffman, 31 Ohio St.2d 163, 285 N.E.2d 714 (1972); State v. Reeder, 18 Ohio St.3d 25, 479 N.E.2d 280 (1985); State v. Begins, 147 Vt. 45, 509 A.2d 1007 Although the court in Colten v. Kentucky, supra, concluded that the statute was not Page 994 vague as applied, that conclusio......
  • Request a trial to view additional results
23 cases
  • State v. Schenk, No. 16–166
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 2018
    ...come from these two states.5 In State v. Begins, we relied upon the second holding of Cantwell that the statute was not void for vagueness. 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986). That holding also relies upon the narrowing construction of the statute as set out in the text above. See C......
  • State v. Schenk, No. 2016-166
    • United States
    • Vermont United States State Supreme Court of Vermont
    • May 4, 2018
    ...from these two states. 5. In State v. Begins, we relied upon the second holding of Cantwell that the statute was not void for vagueness. 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986). That holding also relies upon the narrowing construction of the statute as set out in the text above. See Cant......
  • State v. Read, No. 95-023
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 22, 1996
    ...challenges to other provisions of the disorderly conduct statute that proscribe conduct rather than speech. See, e.g., State v. Begins, 147 Vt. 45, 48, 509 A.2d 1007, 1009 (1986) (rejecting vagueness challenge to "violent, tumultuous or threatening behavior" provision of 13 V.S.A. § 1026(1)......
  • State v. Indrisano, No. 14631
    • United States
    • Supreme Court of Connecticut
    • April 5, 1994
    ...Cincinnati v. Hoffman, 31 Ohio St.2d 163, 285 N.E.2d 714 (1972); State v. Reeder, 18 Ohio St.3d 25, 479 N.E.2d 280 (1985); State v. Begins, 147 Vt. 45, 509 A.2d 1007 Although the court in Colten v. Kentucky, supra, concluded that the statute was not Page 994 vague as applied, that conclusio......
  • Request a trial to view additional results

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