The state to state DUI and traffic ticket transfer

The biggest question our firm gets when advising clients on the ramifications their Vermont traffic ticket or DUI suspension is whether or not the violation will be transferred from Vermont to their home State.  The clear answer to this riddle is that in most cases Vermont will report the violation to the home state pursuant to the Driver’s License Compact it shares with a vast majority of other States.  However, there are some exceptions to this rule that make the laws not as clear cut as they seem.

“The New York State DMV does not record out-of-state convictions of moving traffic violations of New York State non-commercial licensed drivers, except for traffic offenses committed in the provinces of Ontario and Quebec in Canada.”   This does not absolve a New York driver from taking responsibility for their tickets in other states, as New York will suspend someone’s license for failing to satisfy a ticket issued another jurisdiction.  Further, the law leaves out the possibility of the violation itself transferring, which means that although points can not be assessed, the violation itself can still be used against you for insurance purposes.  See the article on the Vermont reporting system for more information on how easy it is for companies to pick up on Vermont violations even when no points are assessed.

New Jersey on the other hand holds a blanket policy for the transfer of points. “Members in this compact exchange all violation information. Out-of-state moving violations are worth two points. For example, if you receive a speeding ticket in Florida, you will get two points on your New Jersey driving record for that violation.”  The key to this law is the definition of a “moving violation” which is “any violation of vehicle laws that is committed by the driver of a vehicle, while the vehicle is moving“.  So, for New Jersey drivers, the key to avoiding the points is to find a Vermont violation that does not fit this criteria, or is too vague for New Jersey to be able to equate to a moving violation.

As is illustrated above, there are a lot of moving parts when it comes to out of state drivers analyzing the ramifications of their Vermont traffic ticket or DUI citation.  Understanding all of the consequences surrounding the ticket is the major component in figuring out how to best minimize or eliminate them.  Although there is no set answer for this, allowing yourself at least the opportunity to change the violation’s face value may save a lot of hassle and expense in the future.

 

 

 

Will my insurance company know about my Vermont traffic ticket?

One major question many non-Vermont residents ask when they are facing a traffic ticket in Vermont is whether their insurance carrier will be notified of the violation.  There is not a clear answer to this question, as each insurance company’s policy differs with regards to how often they run a motorists DMV record.  However, the State of Vermont has made it incredibly easy for any legitimate insurance company, employer or other agency to quickly gain access to a motorist’s Vermont DMV violation record.

The State of Vermont has partnered with Vermont Information Consortium, LLC to set up a portal that, for a $75 annual fee, allows for most any legitimate business, to check an individual’s driving or criminal record.  There are no cumbersome forms to fill out, or significant lag time between the request and production of the record.  All the company needs is the driver’s name and date of birth and they can quickly review whether that individual has been convicted of violating any traffic laws in the State of Vermont.

Many may believe that if they do not reside in the State of Vermont, that their motor vehicle violation can remain their secret if they just pay the fine and move on.  However, with the ever improving technology of State agencies, no motorist is free from the ever watching eye of those companies who may profit off finding a record of a motorists violations.

Hope… but don’t count on a Vermont traffic ticket dismissal

No attorney  has a magic wand to make cases disappear.   What they do have is a set of skills and knowledge that help them leverage each case in a fashion that gives their client the best possible chance to avoid significant consequences for their traffic ticket.  Does the knowledge and acumen of a Vermont traffic ticket lawyer always lead to a dismissal?  I would be a straight out liar to say that it would.  However, with the specialized knowledge of the process, the officer and the presiding judge, it is reasonable to conclude that a motorists’ chances of reaching a favorable resolution (dismissal or amendment to a lessor charge) in their Vermont traffic ticket increases the better one knows the rules of the system and the players involved.

So what knowledge is needed to best prepare for a traffic hearing in a Vermont Traffic Court?  That heavily depends on the officer and the judge who will serve as the other parties in the matter.  Certain officers and judge’s rely on specific documentation a client can provide to assist them in determining what type of offer they are willing to give in a traffic ticket case.  A motorist’s driving record from the their home state  is a good first step in achieving the necessary documentation.  Some States, such as New York, (https://dmv.ny.gov/dmv-records/get-my-own-driving-record-abstract) allow driver’s to quickly secure their DMV record online. Other States ,such as New Jersey, require a more extensive process that can take up to 14 days to complete.

Beyond a DMV driving abstract there are other discoverable materials that the officer may be required to produce if requested by the defense prior to the hearing taking place. Requesting evidence such as the cruiser dash cam, body-camera, radar calibration certificates and other pieces of evidence relevant to the charge to only provide the defense with additional evidence to present their case, but also may allow for further leverage in plea negotiations if the requests are not fulfilled in a timely manner.

There is no way to guarantee a result in a Vermont traffic ticket case.  However, by preparing the case properly  and presenting the best facts possible both to the officer and, if need be, the judge, a motorist is putting their best case forward and increasing the likelihood of a favorable result in their Vermont traffic ticket case.

 

 

 

 

 

Is a speed trap legal in Vermont?

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.

 

 

Conduct that won’t help you in a Vermont traffic stop

As a lawyer practicing extensively in traffic court, I have had the opportunity to speak to hundreds of law enforcement officers regarding the circumstances of their stop of an individual for a traffic violation.  Most of the time these interactions are pleasant and professional.  However, from time to time, officers will relay to me important information as to the conduct of the motorist they issued a traffic ticket to, which goes directly toward their disposition in settling the case fairly.  Below are a few of the most important things not to do as relayed directly from the officer.

  1. They begged me to not write them a ticket:  Being pulled over by an officer can be a stressful situation.  The officer, who has written hundreds if not thousands of these tickets, knows that this interaction may be less then cordial.  However, when they are forced to defend themselves because a motorist is pleading with them not to write them a ticket, it puts them in a very difficult situation.  Thus, in response to the begging, a law enforcement officer may just put on their professional face and go through the motions of writing the ticket to avoid excessive contact with the motorist.  Tip: Take your medicine on the roadside, be polite, accept the ticket and then see what can be done to reduce or dismiss the ticket at a later time.
  2. Asking to see the radar:  An officer is not obligated to show a motorist their radar gun at the roadside during a Vermont speeding ticket stop.  This would prolong the stop and put the officer and motorist at further risk.  Especially on the highway, but also on winding Vermont roads, officers do not want to be exposed to oncoming traffic for any longer then they have to.  Requesting to look at the radar may only put the officer on the defensive, which may hurt your chances of catching a break later on.  Tip: If you feel the radar was inaccurate, save the argument for the courtroom, not the roadside.
  3. Aggressively denying that you were speeding:  If an officer is pulling you over, its because they believe that they have reason to do so.  If they are pulling you over for speeding, it is nearly a certainty that the officer has a reasonable belief that you were in fact speeding.  99% of Vermont law enforcement officers are good people, performing a tough job to the best of their ability.  Thus, if a motorist sits on the roadside and vehemently denies that they were speeding, this will not help their chances, as an officer may take it as a statement against their professionalism without just cause.  Instead, to protect your rights, it is better to not answer at all or to simply state that you were not sure how fast you were traveling.  Tip:  By the time the officer goes back to his cruiser after gathering your identification documents, it is likely that they have already made up their mind as to whether they will be writing you a ticket.  Do not expect that you will get a break by making your case on the roadside.

The issuance of a Vermont traffic ticket is only the start of the legal process if a motorist chooses to contest the charge.  Thus, it is important to not paint yourself in a corner by performing acts that are contrary to resolving your case.  The above three examples are just a few of the acts motorists have committed that have effected their chance are receiving a favorable disposition to their case.

Columbus Day Weekend in Vermont = Increase in Vermont traffic tickets

What was once Columbus day weekend, but now is being adopted as Indigenous Person day in Vermont means a lot of things.  A long weekend for school children and federal employees, Octoberfest at the Harpoon Brewery in Windsor and the start of fall cleanup for homeowners.  However, beyond the beers consumed, the leaves raked and the extra morning to sleep in, this weekend officially kicks off the foliage season for Central and Southern Vermont.  As a result, police will be out in force this weekend enforcing traffic laws along all the rural and major roads across the state.

As a fair warning, we are providing some places to be especially mindful of when soaking in the Vermont scenery so that you leave our lovely state with only fond memories and not a traffic violation complaint:

  1.  Route 7:  At times this road can look like a major highway with its passing lanes and long straight stretches of road.  However, the speed limit can vary significantly in therese areas from 55-25 with little warning.  Be especially careful in the towns of Mount Tabor, Bennington and Wallingford, as officers are often stationed in certain areas where the speed limit drops significantly;
  2. Route 30:  The trip from Brattleboro to Manchester winds through the southern Vermont foothills and can be a great drive to soak in all the foliage.  However, traveling though the villages of Jamaica, Newfane, Townshend and Dummerston can also result in viewing the lights of a Windham Sheriff or State Trooper if you get caught staring too much at the mountains instead of the speedometer.
  3. Route 100: Ludlow to Killington:  It is almost a guarantee that the Windsor Sheriff will have heavy patrols out in this area, especially when traveling through the towns of Plymouth, Tyson Corners and Bridgewater.  The speeds can drop from 50mph to 25 mph within a short period of time and officers have been trained to shoot their radar within close proximity to these changes.
  4. I-89 and I-91 Intersection:  Traveling through White River Jct. where the two major highways intersect is a great launching point to many Vermont destinations.  Keep in mind that the speed limit drops to 55 mph in this zone, as what seemed like a safe cruising speed of 70mph can turn into a $175 ticket in no time.

 

Expanding the Vermont Traffic Stop: Know your Rights

Most people are unaware of the law related to illegal expansion following a motor vehicle stop. The police routinely perform motor vehicle stops on motorists in Vermont, which can often result in a Vermont speeding ticket, some other Vermont traffic ticket, or a criminal citation related to DUI. Most often, it is the quality of the driving itself that alerts the police to a particular vehicle. But what happens if the police use a minor traffic violation, and the resulting motor vehicle stop, as a mechanism to investigate the driver or passengers pertaining to issues that are unrelated to a Vermont speeding ticket or Vermont traffic ticket?

The vast majority of motor vehicle stops in Vermont are related to speeding and minor traffic infractions. But once a motor vehicle stop has occurred, the police are only permitted to investigate and inquire about issues directly related to the reason for the stop. They are not allowed to detain you any longer than it takes for them to issue you the ticket.

Does this mean that, following a stop based upon a speeding infraction, an officer would be forced to ignore and walk away from the obvious open alcohol container, plainly visible illegal substances, or a driver who appeared visibly intoxicated? No! The driver or occupants would clearly be in more trouble. However, if the police make no such observations, they are not allowed to use this opportunity to further inquire about other potential criminal or wrongful conduct. This is an illegal expansion.

At Chadwick Law, we not only specialize in defending Vermont speeding tickets and Vermont traffic tickets, we specialize in challenging illegal expansions. As a motorist in Vermont, be aware of your rights. If you are pulled over related to a Vermont speeding ticket or Vermont traffic ticket, politely decline to engage in conversation of issues that are not related to the stop itself and decline any requested searches. The common result of challenging a case due to an officer’s illegal expansion of a stop is that the criminal charge is dismissed. Protect yourself with awareness.

Do license points transfer from Vermont to other states?

One of the most frequently asked questions as a result of a Vermont traffic ticket are whether the points issued as a result of of the violation transfer to the operator’s home state.  In short, there is no exact answer to this question.  Each State runs their own point system when it comes to civil traffic infractions.  As a result, each state has their own internal policies with regards to whether or not points are shared from one state to another.

It is important to note however, that regardless of whether points transfer, the most important question to those living outside the State of Vermont is whether the violation itself transfers.  The violation (defined by a code) is what carries with it the potential for increased insurance rates, which as posted previously can cause motorists thousands of dollars in hiked premiums over the coming years.

What insurance companies are looking for when they check a motorist’s driving record is whether the violations themselves carry with them an indication that they fall under a category of “moving infractions”.  This means that the violation charged was the direct result of the manner in which an operator drove their motor vehicle.  Speeding violations are the first that come to mind.  However, there are other violations such as running a red-light, failure to yield and driving too fast for conditions which carry the same connotation as speed does in the eyes of insurance companies.

As a result, the overall motivation for any operator looking to contest their Vermont traffic ticket is to avoid as much of the “moving violation” indication on their driving record as possible.  This will minimize the damage of a driving record check and will ensure that an out-of-state motorist will not be hit as severely or at all, when their insurance company checks up on the driving status of an individual driver.

 

 

DUI checkpoints net more than just DUIs

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The sign should read, “law compliance checkpoint ahead”, as officers are on the lookout for all types of potential criminal offenses.

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 alcohol based offenses along busy Vermont roads.  Instead, in recent years, law enforcement have honed their skills to detect other offenses, such as drug consumption that can also result in a motorist be inglead off to the mobile command post to be processed for a criminal offense.

Of the most common offenses detected by law enforcement is the possession and consumption of marijuana.  Although possession of small amounts of marijuana have been decriminalized (resulting in only a civil infraction, not a criminal citation for possession of under 1 oz.), the detection of marijuana can now lead to not only a hefty fine, but also increased scrutiny by law enforcement to see if the operator is under the influence of marijuana while driving the motor vehicle.  Although this is not your standard run of the mill DUI investigation, drug recognition experts are being trained at increased levels to be able to respond quickly to a report of a potential driving while high infraction.

These offenses carry with them the same penalties as a driving under the influence of alcohol charge (maximum of 2 years in jail and loss of license for up to 6 months).  Further, even if a motorist is found not be under the influence of marijuana, but is under the age of 21, they can face up to a 6 month license suspension as a result of merely possession a small amount of marijuana.

DUI checkpoints are misleading in name and in purpose.  Law enforcement use these checkpoints to have unfettered brief contact with a magnitude of individuals to detect and arrest those suspected of violating Vermont laws.  Thus, when approaching one of these checkpoints it is important to know that all actions committed by the driver will be heavily scrutinized and that you will not be off the hook if you have not consumed alcohol, but may have something else of interest in the vehicle that a well trained Vermont law enforcement officer may be able to detect.

Have a PBA card? Keep it in your pocket in Vermont

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Its great to support your law enforcement officer.  It’s not so great to try and use this connection to get out of a ticket.

Being a member of the Police Benevolent Association is a great way to show your support for law enforcement and the difficult job they perform on a daily basis.  However, in the State of Vermont, having a PBA card is not a free pass to getting out of a speeding ticket.  In fact, it is a fast track to offending an officer on the roadside and decreasing your likelihood that the officer will be willing to give you a break.

Traveling throughout the state  handing traffic tickets it impossible to count the number of times I have spoken to a police officer who has mentioned that the driver they pulled over pulled out a PBA card in an attempt to get them to let them off on the roadside without a ticket.  In several cases the officer was so offended that what was originally going to be a warning turned into nasty pink ticket because of the driver’s mindset that they should not be issued a ticket because of their connections in another state.  “It offends my professionalism” I can recall one officer stating to me while discussing a potential resolution of a speeding ticket in Windham County.

Because you have friends or family  who are law enforcement officer or you are a law enforcement officer yourself, does allow you to drive with relative impunity in the State of Vermont.  So next time you are pulled over, it is better to be polite to the officer and keep that PBA card deep inside your pocket.  This, in the long run, will be the best move you make if you want a favorable outcome for your Vermont traffic ticket.