Articles Posted in DUI

Attorney Fox Prevails in Vermont DUI Refusal Trial
Chadwick, Spensley & Fox, PLLC

Attorney Fox obtained a “not guilty” verdict on behalf of his client on a DUI-First offense trial in Vermont Superior Court this week.  The State introduced evidence that the Defendant had refused the evidentiary test and had performed poorly on the field sobriety tests. Attorney Fox argued that you “could drive a truck through the…

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DUI Checkpoints Net More Than Just DUIs
Chadwick, Spensley & Fox, PLLC

A favorite tool for law enforcement in detecting drivers operating under the influence of alcohol, DUI checkpoints have long been effective in law enforcement netting arrests on busy holiday weekends such as Memorial Day and the 4th of July.  However, drivers would be remiss to believe that these checkpoints are present only to detect potential…

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Vermont Implied Consent Rights Are Not to Be Deviated From
Chadwick, Spensley & Fox, PLLC

When any individual is arrested for suspicion of DUI, the arresting officer is required to issue the suspect their Implied Consent Rights before the suspect determines whether to submit to an evidentiary breath test. As set forth in 23 VSA 1202(d), an officer is trained to check off each box of their DUI affidavit after…

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Using Past and Present Medical Treatment to Address VT Field Sobriety Test Failure
Chadwick, Spensley & Fox, PLLC

Field sobriety tests (FSTs) are a significant tool in law enforcements arsenal when they are investigating an individual for driving under the influence of alcohol and/or drugs in Vermont. The one leg stand, walk and turn and, in some cases the Modified Romberg test can, in certain cases, bolster the prosecutor’s case in proving that…

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Involved in a Car Accident? The Narrative of the Accident Report Can Wait
Chadwick, Spensley & Fox, PLLC

The Vermont DMV has strict timelines on the filing of a uniform accident report by a motorist who is involved in a car accident where damage has been sustained. However, if there is an ongoing investigation into an accident, or if a motorist has been cited for a criminal offense, such as DUI or Negligent…

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What Is Required of Me To Have My License Reinstated After a DUI Conviction?
Chadwick, Spensley & Fox, PLLC

If an individual is convicted of a DUI either in the criminal or civil context, there are certain requirements that must be met in order for their driver’s license to be reinstated. What is important for most people, is that these tasks are completed efficiently so there is no “dead time”, where a suspension is…

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Byproducts of the Human Metabolic Process Could Cause False Positive Breathalyzer Tests
Chadwick, Spensley & Fox, PLLC

Alcohol is a naturally occurring chemical which is a byproduct of an organic process.  As we put organic substances together and they break down, various chemicals are left behind. Similarly, the fermentation process happens naturally in nature as leaves and organic material compost and create a changed substance.  Byproducts of this process are substances such…

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Proving a Vermont Marijuana DUI
Chadwick, Spensley & Fox, PLLC

Michael was unfamiliar with the rural Vermont road he was traveling on.  On his way to play some football in northern Vermont with a friend, Michael choose to make a pit stop off of exit 5 on the heavily traveled Interstate 91. According to police affidavits, Michael was pulled over for staying in the passing…

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Exercise Your Right to Remain Silent When Being Pulled Over for a Vermont Traffic Violation
Chadwick, Spensley & Fox, PLLC

One of the first questions that officers will ask you when they approach your vehicle is whether you know why they pulled you over.  This question is set up in a way that many motorists may feel like they must answer.  It is this initial statement, in most cases merely meant as a way to…

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Vermont Attorney Evan Chadwick Completes Field Sobriety Instructor Training
Chadwick, Spensley & Fox, PLLC

Evan Chadwick, the founding attorney for the Vermont DUI/Criminal Defense Law Firm of Chadwick Law, finished an intensive four day training in Alpharetta, Georgia this week to become a certified DUI field sobriety test instructor by the National Highway Traffic Safety Association (NHTSA). The training required Attorney Chadwick to complete both a practical and written…

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