Articles Posted in DUI

What Is The 42 Day Rule for Vermont DUIs?
Chadwick, Spensley & Fox, PLLC

According to the Vermont legislature – “In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown.” In essence, this means that the state cannot push the final hearing on a civil trial back further than…

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Will My Home Driver’s License Be Suspended for a Vermont DUI?
Chadwick, Spensley & Fox, PLLC

All states except for 5 (Massachusetts, Michigan, Wisconsin, Tennessee, and Georgia) are part of the Driver’s License Compact. The idea behind this is that there is one license, one record, for all of these states. Unfortunately, it is not always that simple. The idea for these states is to treat violations from out of the…

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Is The Truth in the Eyes?
Chadwick, Spensley & Fox, PLLC

A Brief on Horizontal Gaze Nystagmus in Vermont DUI Investigations What is Horizontal Gaze Nystagmus (HGN)? The definition of nystagmus is a “rapid involuntary movement of the eyes.” This could be side to side, up and down, or circular movements of the eyes. This is due to brain disease or inner ear balance. Brain disease…

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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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