Gross Negligent Operation

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.

 

Gross negligent operation is no minor matter

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With an increase in highway fatalities in Vermont this year, law enforcement has been stepping up their investigation and arrests of those that they feel are driving in a criminally negligent manner.   Many of these cases, result in a criminal charge for “gross negligent operation.  23 VSA 1091(b)(2) defines gross negligence as ” examining whether the person engaged in conduct which involved a gross deviation from the care that a reasonable person would have exercised in that situation.”

The standard for GNO is rather broad and can encompass a large degree of alleged behavior, such as driving at excessive speeds, texting while driving or operating under the influence of drugs and alcohol.

One of the many keys to defending a GNO charge is to look critically at the operation of the motor vehicle and argue that the conduct does not amount to criminal negligence, which carries with it a significantly heavier burden then proving civil negligence.

To show criminal negligence, the state must prove beyond a reasonable doubt the mental state involved in criminal negligence. Proof of that mental state requires that the failure to perceive a substantial and unjustifiable risk that a result will occur must be a gross deviation from the standard of a reasonable person. Criminal negligence is conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross.  See USlegal.com

Often prosecutors and law enforcement will produce experts reports to support their position that the conduct alleged amounts to gross negligence.  If an accident is involved, these reports can include determinations by the expert that the accident was caused by the defendant’s failure to appreciate the risk that their operation of a motor vehicle was creating to himself and others.

Defending a gross negligent charge in Vermont involves a complex and multifaceted approach.  Attacking the investigation itself while also looking critically at the facts that are not in dispute is an essential part of this process.  Only though this analysis can a true determination be made as to the merits of the state’s case and in turn figuring out the best possible way to ensure that the individual charged with the offense is able to navigate their way to finding the best result.