Its bad enough for a motorist to be put in handcuffs after being charged with excessive speed, a criminal offense that carries up to 90 days in prison and a suspension of one’s license. However, what more and more motorists are seeing besides the citation to appear in a Vermont court, is that they are also facing a substantial civil infraction for the same offense, a penalty that could result in 8 or more points on one’s driving license and a fine nearing or exceeding $1,000.
There is a method of thinking behind law enforcements issuance of both the civil and criminal violations and it takes some significant digging to figure our exactly what they are looking for with regards to a resolution of the cases. However, in many cases, prosecutors take a one, or the other mentality, where they are satisfied with a motorist pleading to one of the charges in exchange for them dismissing the other. However, this determination if fact-specific and varies from case to case depending on a wide range of factors, such as one’s driving history, how they handled their interaction with police as well as other factors such as prior criminal convictions.
Thus, it is extremely important with excessive speed criminal charges and the accompanying civil charge, to contest them both so that a motorist can preserve their rights to negotiate a favorable deal at a later time once all the facts come to light.
Excessive Speed criminal charges in Vermont are no joke. They come with serious financial penalties and the risk of having a criminal conviction on a motorists’ record for the rest of their life. Thus, it is important to set forth a plan on how to deal with these charges early in the prosecution of the charge. It may just set the motorist on a path far less detrimental then if they just succumb to law enforcement’s suggested punishment.