Month: September 2014

Where are those Vermont police officers hiding?

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Police are well trained to blend into the surrounding scenery, or least position themselves so by the time you see them, their radar has already seen you.  So where do Vermont officers like to position themselves and how can motorists prepare themselves so they can avoid a costly Vermont traffic ticket?

The speed trap: Your cruising along the highway and you see a police cruiser stationed in the medium.  No problem you think as you drive by and accelerate once the officer is out of view….Gotcha!  There is often times another officer just  a mile or two up the road.  This speed trap is meant to lull motorists into a false sense of confidence, thinking that the one police officer on this stretch of road has been avoided, so there cannot be another.  Beware of this, especially on Vermont I-91 and I-89.

The sudden change in speed limit:  Entering any Vermont village, the speed limit can suddenly drop from 40 mph to 25mph, or even worse from 50mph to 25mph.  Local police officers make a lot of money for their town positioning themselves just after this change in speed limit occurs.  This tactic is especially prevalent at the bottom of a descent.  Use those brakes!  It could save you a small fortune.

School zones while school is in:  This is an obvious one.  Speed limits can drop to as low as 15 mph in a school zone and you better believe that if there is a good place for a police officer to hide, they will be there when the kids are in school.  So heed those school zone signs, if you don’t your license could be in serious jeopardy.

Do Vermont traffic ticket points transfer to out of state licenses

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Vermont is one of the greatest tourist destinations in the country.  As a result, thousands of out-of-state motorists come to Vermont each year to take in the sites that Vermont is so well known for. On a less enjoyable side, Vermont police officers also know when high volume tourist seasons are and will often deploy increased patrols on Vermont roads to see if they can catch motorists violating Vermont traffic laws.

So, what effect does a ticket and the issuance of points have on an out-of-state driver’s ability to operate their motor vehicle?

By looking at the clear language of the statute, an issuance of points in Vermont may transfer to other states, when the motorist reaches the 10 point or higher threshold to trigger a license suspension.

When a sufficient number of points has been acquired, the commissioner shall suspend the license of an operator or the privilege of an unlicensed person, or nonresident to operate a motor vehicle, upon not less than 10 days’ notice, and upon hearing, if requested for verification of the conviction records. The suspension shall be for 10 days for an accumulation of 10 points, 30 days for 15 points, 90 days for 20 points and for a period increasing by 30 days for each additional 5points; except the suspension period for a conviction for first offense of sections 1091, 1094, 1128, and 1133 of this title shall be 30 days; for a second conviction 90 days and for a third or subsequent six months, or the suspension period under the point values, whichever is greater. If a fatality occurs, the suspension shall be for a period of one year in addition to the suspension under the point values. For purposes of this section, a month shall be considered as 30 days and one year shall equal 365 days.  

See 23 VSA 2506.

Although each state varies in how their DMV communicates with Vermont’s DMV, the issuance of points can pose significant problems to an out-of-state driver’s right to operate a motor vehicle.  Given that many tickets can result in 5 points or more, the accumulation of 2 tickets over the course of 2 years can pose a significant problem for those who have less than clean driving records.  This fact makes it even more important for motorists to fight a traffic ticket in an effort to see if the points can be eliminated or reduced after the conclusion of a Vermont traffic ticket hearing.

Don’t let that Vermont traffic ticket put you at risk of loosing your license.  Contact Vermont Traffic Ticket Attorney, Evan Chadwick for a free initial case analysis.

 

 

How much can your insurance rise from a speeding ticket

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According to a recent Forbes article a motorist can expect as much as a 22 percent rise in their insurance premium after just one traffic violation.  However, determining just how much of an increase you should expect to pay varies widely on the Vermont traffic infraction you are being prosecuted for.

Reckless driving and DUI hold the biggest risk of insurance hikes with an estimated 22 and 19 percent increase respectively.  However, even for less severe offenses, such as traveling 1-14 miles-per-hour over the posted speed limit, motorists can suffer an 11 percent insurance hike or more.

Vermont motor vehicle laws state that it takes two years for a driving violation to be cleaned off a motorists’ record.  This means, that any further driving violations can result in further increases to one’s insurance as well as the risk of license suspension if the issued points reach 10 or more.

The only way to combat insurance increases as a result of a traffic violation or DUI charge in Vermont is to fight back and thus the expense you must pay upfront to defend yourself, may be a worthwhile investment for both the short and long term.

Need to reduce or eliminate the damage a Vermont traffic ticket or DUI will have on your financial well being?  Email or call Vermont traffic ticket attorney Evan Chadwick, for a free initial case analysis.

chadwicklawvt@gmail.com

802-258-7071

Is illegible writing a defense to a Vermont traffic ticket?

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Is this type of handwriting a defense to a Vermont traffic ticket?

Is this type of handwriting a defense to a Vermont traffic ticket?

According to a recent article by vtdigger.org over 9,000 Vermont traffic tickets were dismissed last year, many as a result of an officer’s poor handwriting.

Although it is not clear exactly how many were dismissed as a result of the officer’s chicken scratch, this puts into real question many of the tickets that are issued each year.  If a motorist cannot understand the substance of the ticket, how can they present a defense at their trial?  This raises a gamete of due process and procedural questions that a judge may consider when presiding over a traffic ticket trial.

Have a ticket that you cannot read?  Feel that the Vermont police officer may have cited the wrong violation?  Call Attorney Evan Chadwick for a free consultation.

 

 

 

Do I need a Vermont traffic ticket attorney?

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A logical question for any one who has recently been issued a Vermont Traffic Ticket is whether they should retain a Vermont traffic ticket attorney to represent them in their case. Here are a few useful pieces of information in making that determination:

1)  The lawyer’s fee will likely be higher than the fine-The fine only tells one part of a much larger story and that is the effect that the point infraction will have on your insurance rates and license.  Most states will not only look at the points issued as a result of the traffic ticket, but also the offense itself.  Speeding, reckless driving, unsafe passing and many other Vermont moving violations can have a drastic effect on your insurance premium if convicted of the charges.

2)  You do not need to personality appear if you are represented by a Vermont Traffic Ticket Attorney:  Have a busy work schedule and don’t want to make the trip to the county court house where your hearing will be held?  No problem, your attorney can appear on your behalf, argue the case and send you the final result, without you having to expend the time and expense in personally appearing;

3) Even when there appears to be no defense there just might be one- Ok, you were speeding, you know it and the cop knows it.  However, even in cases that appear to be clear cut, there may just be a procedural defense to the charge.  Did the officer conduct the proper maintenance on his radar prior to starting his shift?  Were there other vehicles in close proximity that may put into question what vehicle the officer was actually pointing their radar at? Did the officer in fact hold jurisdiction over the stretch of road in which you were pulled over?  These potential issues and many more have been successfully litigated in court in the past and have resulted in dismissals of cases.

Have questions?  Call Vermont Traffic Ticket Attorney Evan Chadwick for a free consultation.

Tips when facing a Vermont traffic ticket

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Photo by ignitioninterlockhelp.com

Your chances of beating a Vermont Traffic Ticket start here.   Photo by ignitioninterlockhelp.com

 

Seeing the blue lights behind your vehicle can be terrifying to any law abiding citizen.  However, don’t let this terror force you into giving up your valuable rights when the officer approaches your window. Your initial interaction may make all the difference in the final outcome of your Vermont Traffic Ticket or Vermont DUI case.

There are a few key aspects of this interaction that all motorists should keep in mind:

1)  Most Vermont police officer have body microphones that are immediately turned on when they activate their blue lights;

2)  You are not required to answer the officer when they ask “do you know the reason why I pulled you over?”.  This is a tactic for the officer to elicit a recorded admission to the alleged violation.  A simple “no” is a sufficient answer;

3)  How you interact with the officer may play a huge role in negotiating a favorable plea deal prior to trial.  Keep in mind that these officers are merely doing their job and the more you argue with them, the more likely they are going to remember your specific case when they appear for trial;

4)  If given a ticket you have 20 days to mail it in to request a hearing.  Be sure to check the “denied” box on the back of the ticket;

Many motorists will simply mail in the ticket with a check.  If you do, there can be some far reaching consequences beyond the fine itself.  Consulting with a Vermont traffic ticket lawyer to learn of these potential ramifications and what your options are could well be worth your while.

 

Call or Email Vermont Traffic Ticket Attorney Evan Chadwick for a free consultation