Articles Posted in DWH

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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Not So Fast! Cannabis Legalization Does Not Mean Driving While High Is Legal Too
Chadwick, Spensley & Fox, PLLC

The announcement by the Federal Government that they intend to take cannabis off its schedule 1 classification seems logical. Considering that cannabis legalization has found its way to the desk of many governors, it was only a matter of time until marijuana, that has long shared the same classification as heroin and LSD, be classified as…

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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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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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Vermont Attorney Evan Chadwick Successfully Completes Drug Recognition Expert Training
Chadwick, Spensley & Fox, PLLC

Attorney Evan Chadwick of Chadwick Law, traveled to Alpharetta Georgia in order to participate in a vigorous three day training regarding the process and science behind a Drug Recognition Evaluation that accompanies many Vermont DUI prosecutions. Attorney Chadwick received a thorough overview in the 2015 NHTSA/IACP DRE Pre-School & DRE 7-Day training curriculum that officers…

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Will Marijuana Legalization Change Vermont DUI Laws?
Chadwick, Spensley & Fox, PLLC

By most accounts, marijuana legalization is now considered a foregone conclusion in the State of Vermont. According to a recent Castleton State College Poll, 56 percent of Vermont adults now support legalization. Further confidence in legalization has been voiced by the Governor Peter Schumlin, Speaker of the House, Shap Smith, and Attorney General, William Sorrell. With…

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Smell of Marijuana May Not Be Enough for Search of Vehicle in Vermont
Chadwick, Spensley & Fox, PLLC

With the passage of Act 76 in the State of Vermont, decriminalizing possession of under 1 ounce of marijuana, questions have been raised as to whether or not the discovery of such an amount can still give a basis for law enforcement to search a motor vehicle.  Without owner consent, Vermont law enforcement need to meet…

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The Battle Over the Saliva Test in Vermont Drugged Driving
Chadwick, Spensley & Fox, PLLC

Vermont lawmakers continue to struggle with finding the correct balance in prosecuting motorists who may be under the influence of marijuana or other drugs while operating a motor vehicle.  Vermont law enforcement has claimed that there is a saliva test that can be implemented in order to prove that a motorist has marijuana in their system.…

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What Is a Vermont DRE?
Chadwick, Spensley & Fox, PLLC

DRE stands for drug recognition expert.  It is an attempt by Vermont law enforcement to combat the growing concern of individuals driving a motor vehicle while under the influence of marijuana or other drugs, which is otherwise known as Driving While High (DWH).  Here is how it works. A motorist will get pulled over by…

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