Vermont CDL ticket

Beware! your CDL could be in jeopardy even when not driving your truck

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There are clear cut rules enumerated in Title 23 of the Vermont Statutes that state that operators of trucks requiring a Vermont Commercial Driver’s License may not operate them with a Blood Alcohol Contents of .04 or more.  However, there is also a blanket “influence” provision in the Statute, stating that if the driver of a truck in Vermont is “under the influence” they can still be charged with DUI even if their BAC is below .04.

“Under the influence” is a term used to define impairment “to the slightest degree”.  Which means that if the State can show any form of impairment they have met their evidentiary threshold to secure a conviction on a DUI.

This impairment threshold does not just apply to just CDL DUIs but also those for motorist driving private vehicles.  And, although the holder of a CDL may be driving their own vehicle, not their truck, they can still face serious penalties that will reach not only their regular driver’s license, but their CDL as well.

Beyond a DUI itself, other “major traffic infractions” such a Careless and Negligent Operation Conviction or an Excessive Speed Conviction can, when added together result in suspension of a Vermont CDL, even, like in the DUI, these convictions do not have anything to do with the operator driving their commercial vehicle.

As a result, it is important when facing such charges, to try and mitigate or eliminate the overall exposure that these Vermont traffic infractions may bring.  If ignored, these tickets can lead to serious long term consequences well beyond what many may have contemplated when they took a plea.

The path to a jury trial for a Vermont traffic or CDL ticket

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You have filed your notice of denial with the Vermont Judicial Bureau and have received a notice of hearing to appear in a Vermont court, so what happens next?

The process in defending your Vermont CDL or traffic ticket can be multi-faceted depending on the resolution that is reached at each step of the process.   In sum, the more times you ask for a review of a judgment, the more formal the process gets.

The initial hearing: Here is where the record is made, where an initial argument is heard by an assistant judge and is the first place where those facing a traffic infraction can get the result they are hoping for.

These hearings are governed by the Vermont Rules of Small Claims Procedure, a summary procedure to resolve disputes of $5,000 or less.  In an effort to keep these hearings as cost effective as possible, there are numerous exceptions to the Vermont Rules of Evidence that allow Defendants to introduce hearsay evidence that is customarily inadmissible in more formal court proceedings such as statements of third parties, pictures, business records etc…

The initial hearing is where most cases are resolved either by negotiations or through the summary trial procedure.  These hearings are recorded so as to preserve the record in the event an appeal is taken

Appeal to District Court:  If a case is resolved in a fashion not to the Defendant’s liking, they can appeal the decision to a Vermont District Court Judge.  There are certain procedures which must be followed and certain documents that must be filed within a 30 day time period in order for a judge to hear the case on appeal.  In a direct appeal, the Court will review the record and evidence presented at the initial hearing and will issue an order either affirming or overturning the lower court’s decision.  The Court will schedule a time for oral argument to be made unless both side agree to submit the case solely on the record presented.

Option for Jury Trial:  If a defendant desires they can demand a jury trial on their appeal.  This process opens up further avenues to contest the allegations based on legal or procedural grounds that are not afforded at the initial hearing.  Motions to suppress or dismiss may be filed with the consent of the district court judge and may be argued prior to the jury hearing the case.  This may also open up further ways to resolve the case through negotiations that were not afforded at the initial case hearing.

The bottom line is that for many drivers facing a Vermont CDL or traffic ticket, there may be several ways in which they can fight a ticket, which opens up many more ways to reach a resolution that meets both their short and long term goals.

 

 

Driving conduct that will result in a Vermont CDL suspension

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There are two different ways in which an individual who holds a CDL can face suspension in Vermont based on driving a regular motor vehicle.

(1) operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more or under the influence, as defined in section 1218 of this title;

(2) failure to stop for an accident that the trucker is involved in;

(3) using a motor vehicle in the commission of any offense under State or federal law that is punishable by imprisonment for a term exceeding one year.  This can be anything from transporting a small amount of drugs to firearms to unlicensed chemical waste;

(4) refusal to submit to a test to determine the operator’s alcohol concentration, when suspected of driving under the influence of alcohol;

(5) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of 0.08 or more or under the influence of intoxicating liquor or other substance;

(6) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely.  This can include being under the influence of marijuana, which can be detected if a Vermont Drug Recognition Expert finds that the operator is impaired to the slightest degree;

(7) operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;

(8) operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

Beyond the listed offense, there are also offense defined as “serious traffic offenses that can result in CDL suspensions if a trucker is convicted of two of them on separate occasions.  These offenses include:

1)  Careless and Negligent Operation of any motor vehicle (does not have to be a big rig-can be a personal vehicle);

2)  Gross (operating well beyond the normal standard of care) Negligent Operation of any motor vehicle;

3)  Excessive Speed (traveling 20 mph or more over the posted speed limit);

There are also specific 60 day disqualifications for trucker’s failing to adhere to railroad crossing signs, with enhanced punishments for every subsequent violation.

The basic fact of the matter, is that every alleged violation in the State of Vermont can pose significant hardships for those who rely on their CDL to make a living.  Thus is it important to challenge each violation so as to minimize the damage it can cause in both the short and long term.

The difference between a Vermont CDL ticket and administrative hearing

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Many equate a CDL ticket hearing in the State of Vermont to be the same as requesting an administrative hearing through the Vermont Department of Motor Vehicles.  However, this common misconception can cause serious problems if one is facing a Vermont CDL ticket that may have a serious impact on a trucker keeping their CDL license.

What is a CDL ticket hearing?  A CDL ticket hearing is the initial procedure in which a trucker who is accused of a traffic infraction or a violation of the Federal Motor Carrier Safety Administration Regulations.  This hearing, administered through the Vermont Judicial Bureau is where evidence can be presented to refute the allegation and is a trucker’s best opportunity to eliminate or minimize their exposure.  This hearing allows for witnesses to be called, for video evidence to be presented and for all parties to testify under oath as to the circumstances of the stop.  Although the rules of evidence or relaxed in these hearings, there are still certain requirements that must be met for evidence to be considered by the Vermont Assistant Judge who presides over the case.

What is a CDL Administrative Hearing?  A CDL administrative hearing is a process afforded by the Vermont DMV to confirm that the convictions on a trucker’s CDL license are in fact what they purport to be.  This hearing, which is customarily held over the telephone allows a trucker to present evidence to support that the conviction record is wrong, but does not allow a trucker to contest previous tickets that have already been adjudicated, either through the payment of the fine, or through the CDL ticket hearing as described above.  Although an administrative hearing can stay the execution of a CDL suspension, the chances of prevailing in these hearings is sufficiently less than during a CDL ticket hearing.

There are numerous avenues to challenge your Vermont CDL ticket.  However, knowing where your best opportunity is and how to leverage this in order to reach a favorable resolution can ensure that truckers are able to stay on the road even when their driving record is less than ideal.