excessive speed

Involved in a car accident? The narrative of the accident report can wait

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Beware of Page 2

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 Operation, there are several complicated considerations that should be evaluated before submitting this report.

23 VSA  § 1129 states:

“The operator of a motor vehicle involved in a crash in which someone is injured or there is total property damage of $3,000.00 or more shall make a written report concerning the crash to the Commissioner on forms furnished by the Commissioner. The written report shall be mailed to the Commissioner within 72 hours after the crash. The Commissioner may require further facts concerning the crash be provided upon forms he or she furnishes (emphasis added).”

The Details of the Report

Much of the information requested in this report is not prejudicial to the defense of any claim that is brought against the motorist. Information such as the make and model of the car, policy number for insurance and your name and date of birth should be freely provided in a timely fashion. However, on page two of the Uniform Crash Report, there is a section that requests that you, in your own words, provide a narrative of what happened.

Filing a False Report

First off, it should be made clear that filing any type of false information in this report can be considered a crime under 13 V.S.A. § 1754.

Providing an Accurate Narrative

Further, if you provide an accurate detailed description of the events that led up to the accident, this information, which you are required to swear to the truth of, could be used against you in a criminal prosecution.

Does the 5th Amendment Apply?

All defendants in criminal actions have a right to not incriminate themselves under the 5th Amendment of the US Constitution. Since the DMV is requesting just that in their Uniform Accident Report, declining to answer may be a viable option after you have consulted with your attorney.

What are the consequences of not filing any report?

The Vermont DMV can move to suspend your license should you fail to fill out any accident report. As stated above, the basic identifying information should not provide too much risk of self incrimination. However, consulting with the appropriate legal professionals before submitting this report may be the best course of action before you ultimately determine how detailed you want to be in responding to the DMV’s request for information.

The information contained in this post is for general information only. Should you need specific legal advice concerning any matter, consult with your personal attorney.

Exercise your right to remain silent when being pulled over for a Vermont traffic violation

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One of the first questions that officers will ask you when they approach your vehicle is whether you know why they pulled you over.  This question is set up in a way that many motorists may feel like they must answer.  It is this initial statement, in most cases merely meant as a way to be cooperative with the officer, that can be later introduced in court and can be difficult to defend against.  Judges have found that these statements are voluntary and admissible, which means that even if all the other facts contradict the issuance of a Vermont traffic ticket or criminal citation, this statement alone can be enough to uphold a conviction.  A few tips for the roadside questioning are as follows:

  1.  Never reply with a substantive response to the question of why you think you were pulled over:  A simple “I am not sure sir” is sufficient.
  2. Make the officer’s job as easy as possible:  The less time an officer spends in your presence the better it is for both of you.  Have your license and insurance information ready, hand it to the officer as soon as he approaches the vehicle and keep the verbal exchange to a minimum.
  3. Remember, everything you say is likely being recorded:  Most officers have body cams or microphones connected to their uniforms and can catch the entire interaction between the officer and the driver.

Interacting with an officer on the roadside can be uncomfortable.  Of course you want to be polite to the officer, who is doing their job.  However, it may not be advisable to turn this cooperation into an admission, which may negatively effect any defense one may have to the issuance of a Vermont traffic ticket.

 

Beware the Vermont excessive speed “hotspot”

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There are certain areas on Vermont highways that are easier to navigate then others.   When it comes to Vermont Interstates I-91 and I-89, the degree of difficulty can be significantly diminished, especially during low traffic times.  As a result, many motorists may feel that they can travel at speeds much faster then the posted speed limit.  Although traveling a few miles over the posted speed limit may land a motorist a traffic ticket, there are times that the speed alleged is excessively over the posted speed limit, which can lead to a Vermont Excessive Speed criminal charge.  One area on I-89 in particular has been deemed a “hotspot” for excessive speed charges, begging the question of what factors are leading to more criminal charges in this stretch of highway then any other in Vermont.

According to a report by Vermont Public Radio, one Vermont State Trooper has arrested several motorists traveling at speeds in excess of 100 mph in a 10 mile stretch on I-89 between the Royalton Sharon town lines.  For those who have traveled this stretch of road before, it is easy to see why more motorists would feel comfortable traveling at high speeds then on other Vermont highways.

Stretches like this on I-89 can be a recipe for a Vermont Excessive Speed charge if one is not careful

It can be easy to forget the speed you are traveling.  In certain areas, it can become even easier to allow this lack of attention to turn into a dangerous situation that may result in a criminal charge.  Understanding where these situations may be more likely to occur may not only prevent them from happening, but in the unfortunate event that one is arrested for a Vermont excessive speed charge, it can be a useful tool in rationalizing some of the behavior in order to best argue for leniency when the case is brought to court.

Is a speed trap legal in Vermont?

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In order to determine the viability of a speed trap defense, one must first ask themselves, what is the legal definition of a Vermont speed trap.  A speed trap is defined as a speed limit that is unjustified based on specific factors set forth by the National Highway Traffic Safety Association as well as the local Governor’s Highway Safety Program.  Based on the evaluation of engineers in these programs, local and state speed limits are set based on specific factors including the type of roadway, the visibility of drivers while on that specific stretch of roadway and population density.  It is the intent of these evaluations to reasonably limit the speed limit to ensure the safety of drivers and pedestrians alike.  If it is found that a Vermont speed limit sign was posted at a speed lower then what a study would conclude, then it could be defined as a “speed trap” and subject to attack at a Vermont traffic hearing.

However, providing that a speed limit is in fact not supported by NHTSA or GHSP is a difficult task.  Further, even if an argument can be made that the speed limit does not fit the defined criteria, once would also have to show what criteria that specific stretch of roadway would fit into and what an appropriate speed limit would be.  Most traffic judges will limit such an inquiry at trial, given that the purpose of the traffic court is to efficiently resolve cases, not allow for hours of testimony as to why a speed limit was in fact a speed trap.

One of the only real ways to implement change is to demand a study be conducted on the stretch of roadway by a NHTSA or GHSP engineer.  If this is conducted, the study itself could be considered a public record and could potentially be admissible in Court.  Certain stretches of road, especially on Vermont Route 100 may be subject to additional studies in the future and could be a key piece of evidence if a favorable result is concluded that will show that a speed limit is unreasonably low and thus is considered a speed trap.

 

 

The ultimate Vermont traffic ticket double whammy

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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.