Articles Posted in Vermont DUI

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…

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…

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…

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…

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…

There are circumstances where a car accident in Vermont may also lead to a criminal or civil citation. DUIs, driving too fast for conditions or negligent operation are a few of the most common citations a motorist can receive that stem from a collision between two or more vehicles. Although these citations may play a significant factor…

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…

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…

If you have been issued a criminal citation in Vermont in the last several weeks, chances are, the initial court date, or arraignment, has been set for at least the middle of May and perhaps even June. In many cases, defendants who were issued citations for March or April initially, have heard back from law…

By Robb Spensley 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…