Let’s first look at the statutory language.

“The operator of a motor vehicle who has caused or is involved in a crash resulting in injury to any person other than the operator, or in damage to any property other than the vehicle then under his or her control, shall immediately stop and render any assistance reasonably necessary. Subsection 1102(g) of this title (stopping not to impede traffic or jeopardize safety; exceptions) governs the location where a person shall stop. The operator shall give his or her name, residence, license number, and the name of the owner of the motor vehicle to any person who is injured or whose property is damaged and to any enforcement officer. A person who violates this section shall be fined not more than $2,000.00 or imprisoned for not more than two years, or both.”

Now let’s apply this language to a scenario:

Bill is driving down a Vermont country road; dirt, dark, cold and snow covered. Bill attempts to stop at an intersection and slides across the road into a telephone pole. Bill is fine, he gets out of the car and takes a quick look around. Assuming there is no damage and clearly no one hurt, Bill drives home.

Telephone repair professional drives by the intersection the next morning, notices the damage to the pole and calls it in to dispatch, who then notify police.

Activate investigation and activate Bill being the target.

Analysis:

By not notifying the power company after the incident of the collision and by not reporting it to police, but instead driving home, it could be alleged that Bill did not “render any assistance reasonably necessary” and therefore could be subject to criminal charges and a license suspension of at least 30 days.

The content in this post should not be considered legal advice and is only for information purposes. If you have a specific legal issue that needs to be addressed, consult with your own private attorney.

Journaling is a great way to memorialize your thoughts. From what you ate, to vacation ideas, to how you feel when you roll out of bed, a journal can provide a great reference point when you are trying to refresh your recollection. If you have suffered an injury as a result of a Vermont car accident or other type of personal injury, a disciplined journal of your treatment and symptoms can be key in properly advocating for a just resolution of your claim against the responsible party.

Tell Your Whole Story Not Just Your Story of Pain

A personal journal should not just surround your injury and treatment, it should cover all aspects of your life. This provides more context for how you have lived your life both before and after the injury, which can be used to compare the new limitations you may suffer as a result of the injury. A narrative form of journaling can also add authenticity to the limitations you may suffer (Ex. “before the incident, I was playing golf 3 days a week and taking 60 minutes of Yoga. After the incident, I am unable to walk more than 9 holes and my Yoga classes are non existent because of the pain in my back”).

Describe How Things Feel

Journaling is a great way to put into words the type of feeling you are experiencing not just its existence. “A burning sensation that runs down my leg, forcing me to sit down” provides far more context then simply stating “pain in my leg”.

Articulate Your Response to the Pain

Pain is not simply the existence of discomfort, it is also the response to it. If dizzy spells have forced you to stop reading, or you have had to sit down while playing in your yard with your kids because of a sudden back spasm, it is important to note this. The fact that your life has changed due to this injury can be as, or more important, then the pain itself.

Journal Every Day

Don’t let excuses get in the way of your spending at least a couple minutes each day reducing your thoughts and feelings to paper. Studies have found that journaling can have a substantial positive effect on your emotional well being.

If you are also enduring a personal injury, the positive impact can be even further enhanced. Ensuring that you are able to recount the entire recovery progress in a way that is both credible and expansive well greatly assist you in advocating for a fair resolution of your personal injury claim.

This article is for informational purposes only. If you need specific legal advice, seek out your own private attorney.

For all of those who have been following the Federal Reserve’s decisions on when and if to cut interest rates, one of the major factors in this decision was the inflation gague determined by the Consumer Price Index (CPI). The recent release of higher then expected numbers has cast serious doubt as to the timing of any interest rate cuts.

Auto Insurance Continues to Skyrocket

A recent report by Bankrate showed that in the past year, U.S. auto insurance rates have risen by nearly 26%. This increase alone contributed a half a percentage point to the recent CPI.

The causes of this rise are several fold, including increases in repair costs and natural disasters. However, driver behavior continues to be one of the leading causes of insurance rate increases.

Risky Driver Behavior

The National High Traffic Safety Association (NHTSA) reported that there were 7,000 more traffic deaths in 2022 as compared to prior years. This has led to an increase in high level claims with insurance, resulting in a 27 percent loss for these companies.

Much of this rate increase was attributed to a rise in risky driver behavior, such as speeding, texting while driving or drowsy driving. It was also found the the rate of operators driving under the influence of alcohol or cannabis also increased.

Any driving behavior that an insurance company can deem to be “risky” can have drastic effects on one’s insurance rate. In certain circumstances, the degree and number of risky acts can cause an insurance company to decline to continue coverage for a driver who insurance executives have deemed to be too high a risk. This reality places an increased importance on taking the necessary steps to mitigate or eliminate this risk, through the Vermont Judicial Bureau process.

As a result of the ongoing safety concern, the Vermont Agency of Transportation have approved a plan to install barriers on both approaches to the notch in a further effort to deter any trucks that attempt to illegally brave the hairpin turns and narrow shoulders.

These barriers, according to VT Digger, will be installed in the spring of 2024 when the road reopens for the season. The notch road closes down during the winter months.

The barriers were a result of a study commissioned by the State and public input. Other options that were discussed were installing a roundabout or height restriction archways.

This effort is in response to the trucks that have gone past the warning signs and have become stuck on the approach. In 2023, 4 such incidents have occurred, which is a downward departure from 2022 which saw 5 and 2021 which endured 6 incidents.

Smuggler’s Notch has always been one of Vermont’s treasures, which holds a combination of ruggedness and beauty. However, for those looking to make a living by navigating the narrow Vermont roads, Smuggler’s Notch is not one to be played with. Given the extensive efforts by the State to keep commercial trucks off the route, it is easy to assume that the penalties for a violation will only continue to rise.

“”Our clients have voiced an increasing concern on the degree their insurance rates will be impacted based on even one traffic ticket in the last 2 years,” said Managing Partner, Evan Chadwick of the law firm of Chadwick, Spensley & Fox. “However, with these increased concerns, we have also begun to see an increase in the rate we are able to successfully negotiate or argue for dismissal in our cases, to the benefit of our client.”

In order for a driver to contest their Vermont traffic ticket they must contest it within 21 days of issuance. If they fail to do so, they face being found in default and a judgment being issues against them. If the ticket is for speeding or another moving violation such as a stop sign or failure to move over, these blemishes can have an adverse impact on insurance above and beyond the already skyrocketing rates that even the safest of drivers are now facing.

What Does the BAC Curve Show?

As the above graph shows, the way in which alcohol processes into the blood to reach peak BAC is a variable process that takes upwards of an hour to reach.

In a common scenario seen in VT DUI arrests, an officer will pull a motorist over after they exit the bar. One of the standard questions is whether or not the individual has consumed any alcohol in the last 30 minutes prior to their interaction with law enforcement. If the answer is yes, this can skew the later results of the data master breath test as the reading can actually be higher at the time of the test then at the time of the witnessed operation.

In these situations, especially where an individual is driving a short distance, it can be argued that although the breath test shows a reading above the legal threshold of .08, that the individual was in fact under the legal limit at the time of operation and thus, not guilty of a DUI.

Don’t Let the Breath Test Fool You Into Pleading Guilty

Alcohol consumption patters are very important in analyzing a potential defense to a Vermont DUI charge. In order to fully evaluate it is important to create an alcohol consumption timeline so that a thorough evaluation can done in determining the potential defenses using the BAC curve.

Defenses in Vermont Superior Court can be argued that the BAC curve in facts shows that the defendant has consumed alcohol in a responsible manner, knowing that the peak would take time to reach and, as a result, they are not guilty of the Vermont criminal charge of Driving Under the Influence.

Disclaimer: None of the content above should be considered legal advice. For specific advice concerning your legal issue, consult a Vermont DUI attorney.

1. In person meetings will be limited to urgent matters until at least April 14, 2020. For those seeking a non-emergency consultations, call or email the office to set up a time to discuss your case with an attorney.
2. Attorneys will seek waivers of client’s appearances at all Court hearings until further notice. Please be sure to reach out to ensure a waiver can be secured in your case as there are some limited exceptions that may apply.
3. Cases will continue to progress. Chadwick, Spensley & Fox will continue to advance cases in the client’s best interest. The justice system will not stop because of COVID-19, it will only change the way in which it conducts business. County prosecutors are still at their desks, judges are still ruling on legal issues and cases are still being resolved.

Please do not hesitate to reach out with any questions or concerns.

Best wishes,

Evan Chadwick, Esq.

Managing Partner.

There have been court cases in which this process has been used as a defense when the defendant was a type 1 diabetic and had high levels of ketones in their blood, which therefore were producing this effect where acetone or potentially Isopropanol was detected in the breathalyzer test causing a false positive.   “If ketoacidosis develops, the diabetic person may experience a myriad of symptoms including dry-mouth or fruity breath odor, and keytones on the breath could theoretically register as ethyl alcohol on BAC breath tests. Brick, Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study, 9(1) Alcohol, Drugs and Driving (1993). In Michaels v. State ex rel. Dep’t of Transp., the defendant, a type 1 diabetic, claimed his blood-alcohol levels may have been affected by ketoacidosis. 2012 WY 33, ¶ 8, 271 P.3d 1003, 1006 (Wyo.2012).” Supreme Court of Wyoming.

Robert Olaf ANDERSON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff) 2014.

There are other circumstances where this chemical process will happen in the body of people without a diagnosis of type 1 diabetes.  Diets that are very low carb or no carb “ketogenic” diets, which are rapidly becoming a norm for use in weight loss can trigger this same chemical reaction in the body, producing a buildup of ketones (or ketoacidosis) leaving byproducts that look like alcohol to a breathalyzer machine. “The National Highway Traffic Safety Administration (NHTSA) in the USA has found that dieters and diabetics may have acetone levels which are hundreds and even thousand of times higher than those in others (5). Acetone is one of the many substances that can be falsely identified and measured as ethanol by some breathalyzer machines.”  Tazhmoye V., Crawford Donovan, A. McGrowder, Joan M. Rawlins: An assessment of falsely convicted type 1 diabetics in Jamaica by using the breathalyzer test, 2011.

Low calorie diets that may still utilize carbs for fuel can also cause this process, (Very Low Calorie Diet) “VLCD treatment leads to ketonemia with high concentrations of acetone, acetoacetate and beta-hydroxybutyrate in the blood. The interlock device determines alcohol (ethanol) in breath by electrochemical oxidation, but acetone does not undergo oxidation with this detector. However, under certain circumstances acetone is reduced in the body to isopropanol by hepatic alcohol dehydrogenase (ADH)”.  Int J Obes (Lond). 2007 Mar;31(3):559-61. Epub 2006 Aug 8.False-positive breath-alcohol test after a ketogenic diet.Jones AW1, Rössner S.  

Based on the factors above which highlight the possibility for the human body to naturally produce certain chemicals that would be mistaken for ethanol in a breathalyzer test, one might conclude that with a growing population struggling with an obesity epidemic, an increasing amount of people adopting a low carb or no  carb, “ketogenic” diet, and he possibility of an extreme low calorie diet as a result of poverty, that the incidents of false positive breathalyzer tests in defendants who have consumed under the legal limit of alcohol, (or no alcohol at all) but may present with this metabolic picture, could be greater than law enforcement take into account. That being said, there is no reason to trust a breathalyzer as the only evidence that a driver was intoxicated.  A defense attorney, who practices in DUI should take into account the variety of physiological factors that have been scientifically tested more recently, which may indicate an error in the current system for testing a driver’s BAC on the roadside. 

It is very common that drivers operating or waiting in a designated turn-only lane will NOT put on their turn signals, perhaps assuming that their intention to turn is clear enough. However, as established in recent Vermont Supreme Court Decision State v. Cook (google “2017-368 Vermont”), the failure to utilize your turn signal in a designated turn-only lane will now be considered adequate grounds for a police officer to pull someone over and ticket them. The Vermont Supreme Court has not previously decided this precise issue, with past decisions indicating that an actual turn signal may not be necessary when the lane designation clearly allows only one legal maneuver.

Some American States do not require a turn signal in a turn-only lane, but Vermont and many other States do. Police officers in Vermont are allowed by law to perform a traffic stop whenever they have a reasonable and articulable suspicion of a Vermont traffic violation, like speeding, or a crime, such as driving under the influence. The Vermont Supreme Court reached its recent decision in Cook primarily based upon the specific wording of Vermont’s turn-signal statute. 

The Vermont Supreme Court also cited safety issues to support the decision in Cook, reasoning for example that other drivers stopped at an intersection may not be able to identify that an opposing or nearby lane is a turn-only lane. One might speculate that snowstorms and low visibility situations may also worsen a driver’s ability to perceive the designated direction of a nearby lane. 

I do not expect that this type of traffic stop will become common in Vermont. However, if a Vermont police officer decides to perform a traffic stop based upon a driver’s failure to activate their turn signal within a designated turn-only lane, that traffic stop will be upheld and the turn-signal violation is ticketable.

Here’s why Vermont drivers should think twice about paying a NY ticket (and what they should do instead).

NY Points Matter to VT Drivers

Despite being licensed in another state, Vermont drivers need to be aware of the points associated with a NY traffic violation. Just like in Vermont, paying a NY traffic ticket means admitting guilt and accepting points. The good news is that New York points will not appear on a VT driving record. Likewise, Vermont does not add points for most out-of-state violations.

However, it would be foolish to think that the New York’s point system doesn’t affect Vermont drivers. The New York State DMV will still keep track of the point value of any traffic convictions. Drivers who are convicted of violations worth six points or more under NY’s system will be assessed additional fines (see below). A conviction for 11 or more points received within an 18 month time period will result in a suspension of driving privileges in New York.

Fines Are Just the Beginning

Unlike in some parts of the country, the fine associated with a NY traffic ticket is not the final cost. Firstly, every traffic ticket comes with a mandatory state surcharge that costs either $88 or $93, depending on where it was issued. Secondly, if the driver is convicted of one or more tickets totaling at least six points, he/she will be required to pay an additional fee called the Driver Responsibility Assessment (DRA). The cost of a DRA starts at $300, and increases by $75 with each point over six.

For example, the fine for driving 21 mph over the limit in NY costs $300. This one ticket alone is worth six points, meaning the driver is almost guaranteed to be charged a $300 DRA. When combined with the mandatory surcharge, the total cost of this one ticket is $693! Similarly, a driver who receives two tickets within 18 months of each other for running a red light ($225, three points) and texting while driving ($150, five points) could end up shelling out over $1,000.

Your VT Driving Record Will Be Affected

When New York convicts a Vermont driver of a traffic violation—whether because the driver paid the ticket or tried to fight the ticket and lost—it sends notice of the conviction to Vermont. Vermont then records the violation on the driver’s record. A blemished driving record can affect many aspects of a person’s life, depending the violation(s). For example, it can affect one’s job or job prospects (especially if one has a CDL license or driving is part of the person’s responsibilities). A significant number of traffic infractions or several serious infractions (i.e. reckless driving or DWI) can also affect future criminal sentencing.

Your Vermont Insurance Rates Will be Affected

Paying a New York traffic ticket also means accepting a likely increase in auto insurance premiums. Since the conviction from paying the ticket will appear on one’s driving record, there is no way to hide it from one’s auto insurer. Insurance companies pull customer driving records as often as possible and update rates whenever new convictions appear. One study found that a single speeding ticket can increase Vermont insurance premiums by as much 19 percent.

It’s not just auto insurance rates that can be affected. Having too many tickets on one’s record, or even just one serious conviction can also impact life insurance premiums. The reason? Bad driving, in the mind of insurance companies, means risky behavior. And more risk equals higher premiums.

You Could Lose Your Driver’s License

Although Vermont will not apply points for out-of-state tickets, those tickets can still lead to a suspended license in Vermont. For example, if New York issues a suspension of driving privileges against a VT driver, the Vermont DMV can issue a suspension of the license in kind. This can happen if a driver is convicted of driving 41 mph over the limit (an 11-point violation), drunk driving, or driving without auto insurance.

Another way a Vermont driver could lose their license over a New York traffic ticket: refuse to respond to or pay it. Drivers who fail to respond to or pay a New York traffic ticket can expect NY to suspend their right to drive in the state—even if they are licensed in Vermont or elsewhere. Like all other reasons for a suspension, it will appear on one’s driving record and can result in Vermont suspending the license in kind.

What to Do About a NY Traffic Ticket

It’s a bad idea to pay a New York traffic ticket, but it’s equally as bad to not pay it. The ideal solution, then, is to hire a qualified attorney to fight the ticket. A skilled attorney can develop a strategy to get the ticket dismissed or negotiate it down to a lesser charge that will have little or no impact on one’s driving record. As a plus, depending on the case, a driver who hires an attorney may not have to return to New York to fight the ticket. In most cases, New York allows licensed attorneys to appear in court in lieu of the driver, even if the driver is from another state. This means saving the time involved in a trip to court.

Author Bio

Adam Rosenblum, Esq. is the founder of TrafficTickets.com, a traffic ticket law firm that practices traffic ticket and criminal law in both New York and New Jersey.

(a) Upon the approach of a law enforcement vehicle which is sounding a siren or displaying a blue or blue and white signal lamp, or both, or upon the approach of an ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, EMS personnel, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is sounding a siren or displaying a red signal lamp, or both, all other vehicles shall pull to the right of the lane of traffic and come to a complete stop, until the law enforcement or emergency vehicle has passed. However, an enforcement officer who is present shall have full power to regulate traffic irrespective of the foregoing provisions.

(b) The operator of a vehicle which is approaching a stationary law enforcement vehicle which is displaying a blue or blue and white signal lamp, or of a vehicle which is approaching a stationary ambulance, fire apparatus, a vehicle operated by a volunteer firefighter, or a motor vehicle used in rescue operations as set forth in section 1252 of this title which is displaying a red signal lamp or a stationary towing and repair vehicle displaying an amber signal lamp shall proceed with caution, and, if traveling on a four-lane highway, and safety conditions permit, make a lane change. (emphasis added)

There are numerous ways Vermont law enforcement officers can selectively enforce the provisions of the Vermont mover law.  As highlighted above, Section (a) of the Vermont Move over law is pretty clear as to a motorist obligations when they see emergency personnel with active lights traveling down the same road: the motorist must pull over and come to a complete stop until the emergency vehicle has passed them by.  

Section (b) of the Vermont moreover law however, is a little more vague.  In sum, a motorist must pass an emergency vehicle with caution and if they can do so safely, pull over the next lane if they are traveling on a 4 lane highways, such as the interstate.  On numerous occasions this firm has been hired to defend tickets that allege a violation of section (b) because they either could not safely move over.  This becomes a point of perception if litigated before a Vermont Judicial Bureau judge and is a primary reason why all discovery requests (such as the cruiser video) should be secured to see exactly what the conditions were at the time of the stop to ensure that a motorist’s rights are protected every step of the way.

If charged with a speeding violation, the first step in any defense is to go back to where the last speed limit sign was displayed and take a picture.  If the sign is covered by leaves or other debris or is simply in a place that cannot be viewed easily from the road, this can play into a successful resolution of your Vermont speeding ticket.

So before you leave the scene of the stop with that dreaded white ticket in your hand, be sure to capture everything you can about the scene and the road leading up to it.  The circumstances may be just what you need to be able to negotiate your ticket or defend it at trial when your Vermont Judicial Bureau hearing comes around.

1)  The driver must have no other violations in the State of Vermont;

2)  The violation must be relatively minor in nature (i.e. a 2 point speeding violation, failure to use turn signal etc.);

3)  The driving conduct cannot include any kind of accident;

4)  The driver must have been polite and able to acknowledge their conduct, either through their lawyer admitting guilt or through the driver’s own admission.

If the driver meets the following criteria a police officer can agree to dismiss the ticket “with prejudice”.  The officer will conduct a motor vehicle check of the driver in 2 years and if the check comes back clean, with no further violations, the ticket will remain dismissed.  However, if the driver picks up another moving violation in the State of Vermont, the officer can reissue the ticket and the driver must then appear in court to answer to the charge.

Although Vermont traffic ticket probation is a rare occurrence, it may give certain drivers the relief they need to avoid the many financial ramifications that come with a Vermont traffic ticket, beyond what the fine imposes.

With average commutes for many Vermonters an hour or longer, a DUI conviction not only meant a permanent blemish on one’s record, thousands of dollars in fines and potential jail time, but also posed a substantial risk for one’s employment.

The Vermont legislation finally took a step in the right direction with the implementation of the DUI Interlock program (IID for short).  Now, those who are facing a DUI conviction may be eligible to pay for the installation of the device to cut their license suspension by up to 75%.

1)  DUI First Offense Convictions:  Can apply for IID after 30 days of suspension;

2)  DUI Second Offense Convictions:  Can apply for IID after 90 days of suspension;

3)  DUI Third Offense Convictions (Felony):  Can apply for IID after 1 year of suspension.

The IID is a great first step for those trying to put their life back in order after a DUI conviction in Vermont.  Although navigating the IID process can pose significant issues, the implementation of this law has given those facing such a conviction an ability to navigate their way though the shorter license suspension period so they can move on with as little collateral damage as possible.

“Under the influence” is a term used to define impairment “to the slightest degree”.  Which means that if the State can show any form of impairment they have met their evidentiary threshold to secure a conviction on a DUI.

This impairment threshold does not just apply to just CDL DUIs but also those for motorist driving private vehicles.  And, although the holder of a CDL may be driving their own vehicle, not their truck, they can still face serious penalties that will reach not only their regular driver’s license, but their CDL as well.

Beyond a DUI itself, other “major traffic infractions” such a Careless and Negligent Operation Conviction or an Excessive Speed Conviction can, when added together result in suspension of a Vermont CDL, even, like in the DUI, these convictions do not have anything to do with the operator driving their commercial vehicle.

As a result, it is important when facing such charges, to try and mitigate or eliminate the overall exposure that these Vermont traffic infractions may bring.  If ignored, these tickets can lead to serious long term consequences well beyond what many may have contemplated when they took a plea.

1)  Points:  No matter how fast or slow you are going on the highway, Vermont speeding tickets on the interstate carry with them 2 points.  This means that unless the police officer is willing to dismiss the speeding ticket, then there is no room to negotiate the violation downward to mitigate the damage done.

2)  Fine:  Police officers are authorized to double any speeding violation in a work zone.  As a result of being able to impose such a hefty fine, Vermont State Police, who are customarily the agency who issue these tickets, come to their hearings more often then when dealing with local violations.  They also come more prepared, as they know that a substantial amount of revenue is on the line.

3)  Use of the Lidar radar instead of the Doplar.  Lidar radars are inherently more accurate and easier to use then the Doplar, which is customarily used by local police agencies.  Given that there is no annual maintenance needed on the Lidar, it becomes more difficult to challenge its reliability.

4)  Unwillingness to negotiate:  Given the fact that the points being issued are as low as they can be for a Vermont violation, the steep fine imposed and the severity police officers look at speeding in work zone violations due to the numerous fatal accidents that occur in these zones each year,police are less willing to budge off their position if they feel they have a strong case.  Judges are also more compelled to tack on additional fees if the motorist takes the case to trial and looses.  This puts the motorist at a higher exposure then if they elected to just pay the ticket

If a motorist receives a Vermont speeding ticket in a work zone, they must contemplate all of these issues before determining what is best for them.

The process in defending your Vermont CDL or traffic ticket can be multi-faceted depending on the resolution that is reached at each step of the process.   In sum, the more times you ask for a review of a judgment, the more formal the process gets.

The initial hearing: Here is where the record is made, where an initial argument is heard by an assistant judge and is the first place where those facing a traffic infraction can get the result they are hoping for.

These hearings are governed by the Vermont Rules of Small Claims Procedure, a summary procedure to resolve disputes of $5,000 or less.  In an effort to keep these hearings as cost effective as possible, there are numerous exceptions to the Vermont Rules of Evidence that allow Defendants to introduce hearsay evidence that is customarily inadmissible in more formal court proceedings such as statements of third parties, pictures, business records etc…

The initial hearing is where most cases are resolved either by negotiations or through the summary trial procedure.  These hearings are recorded so as to preserve the record in the event an appeal is taken

Appeal to District Court:  If a case is resolved in a fashion not to the Defendant’s liking, they can appeal the decision to a Vermont District Court Judge.  There are certain procedures which must be followed and certain documents that must be filed within a 30 day time period in order for a judge to hear the case on appeal.  In a direct appeal, the Court will review the record and evidence presented at the initial hearing and will issue an order either affirming or overturning the lower court’s decision.  The Court will schedule a time for oral argument to be made unless both side agree to submit the case solely on the record presented.

Option for Jury Trial:  If a defendant desires they can demand a jury trial on their appeal.  This process opens up further avenues to contest the allegations based on legal or procedural grounds that are not afforded at the initial hearing.  Motions to suppress or dismiss may be filed with the consent of the district court judge and may be argued prior to the jury hearing the case.  This may also open up further ways to resolve the case through negotiations that were not afforded at the initial case hearing.

The bottom line is that for many drivers facing a Vermont CDL or traffic ticket, there may be several ways in which they can fight a ticket, which opens up many more ways to reach a resolution that meets both their short and long term goals.

(1) operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more or under the influence, as defined in section 1218 of this title;

(2) failure to stop for an accident that the trucker is involved in;

(3) using a motor vehicle in the commission of any offense under State or federal law that is punishable by imprisonment for a term exceeding one year.  This can be anything from transporting a small amount of drugs to firearms to unlicensed chemical waste;

(4) refusal to submit to a test to determine the operator’s alcohol concentration, when suspected of driving under the influence of alcohol;

(5) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of 0.08 or more or under the influence of intoxicating liquor or other substance;

(6) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely.  This can include being under the influence of marijuana, which can be detected if a Vermont Drug Recognition Expert finds that the operator is impaired to the slightest degree;

(7) operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;

(8) operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

Beyond the listed offense, there are also offense defined as “serious traffic offenses that can result in CDL suspensions if a trucker is convicted of two of them on separate occasions.  These offenses include:

1)  Careless and Negligent Operation of any motor vehicle (does not have to be a big rig-can be a personal vehicle);

2)  Gross (operating well beyond the normal standard of care) Negligent Operation of any motor vehicle;

3)  Excessive Speed (traveling 20 mph or more over the posted speed limit);

There are also specific 60 day disqualifications for trucker’s failing to adhere to railroad crossing signs, with enhanced punishments for every subsequent violation.

The basic fact of the matter, is that every alleged violation in the State of Vermont can pose significant hardships for those who rely on their CDL to make a living.  Thus is it important to challenge each violation so as to minimize the damage it can cause in both the short and long term.

What is a CDL ticket hearing?  A CDL ticket hearing is the initial procedure in which a trucker who is accused of a traffic infraction or a violation of the Federal Motor Carrier Safety Administration Regulations.  This hearing, administered through the Vermont Judicial Bureau is where evidence can be presented to refute the allegation and is a trucker’s best opportunity to eliminate or minimize their exposure.  This hearing allows for witnesses to be called, for video evidence to be presented and for all parties to testify under oath as to the circumstances of the stop.  Although the rules of evidence or relaxed in these hearings, there are still certain requirements that must be met for evidence to be considered by the Vermont Assistant Judge who presides over the case.

What is a CDL Administrative Hearing?  A CDL administrative hearing is a process afforded by the Vermont DMV to confirm that the convictions on a trucker’s CDL license are in fact what they purport to be.  This hearing, which is customarily held over the telephone allows a trucker to present evidence to support that the conviction record is wrong, but does not allow a trucker to contest previous tickets that have already been adjudicated, either through the payment of the fine, or through the CDL ticket hearing as described above.  Although an administrative hearing can stay the execution of a CDL suspension, the chances of prevailing in these hearings is sufficiently less than during a CDL ticket hearing.

There are numerous avenues to challenge your Vermont CDL ticket.  However, knowing where your best opportunity is and how to leverage this in order to reach a favorable resolution can ensure that truckers are able to stay on the road even when their driving record is less than ideal.