Vermont license suspension

DUI checkpoints net more than just DUIs

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checkpoint

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.

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.

Do Vermont traffic ticket points transfer to out of state licenses

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Vermont is one of the greatest tourist destinations in the country.  As a result, thousands of out-of-state motorists come to Vermont each year to take in the sites that Vermont is so well known for. On a less enjoyable side, Vermont police officers also know when high volume tourist seasons are and will often deploy increased patrols on Vermont roads to see if they can catch motorists violating Vermont traffic laws.

So, what effect does a ticket and the issuance of points have on an out-of-state driver’s ability to operate their motor vehicle?

By looking at the clear language of the statute, an issuance of points in Vermont may transfer to other states, when the motorist reaches the 10 point or higher threshold to trigger a license suspension.

When a sufficient number of points has been acquired, the commissioner shall suspend the license of an operator or the privilege of an unlicensed person, or nonresident to operate a motor vehicle, upon not less than 10 days’ notice, and upon hearing, if requested for verification of the conviction records. The suspension shall be for 10 days for an accumulation of 10 points, 30 days for 15 points, 90 days for 20 points and for a period increasing by 30 days for each additional 5points; except the suspension period for a conviction for first offense of sections 1091, 1094, 1128, and 1133 of this title shall be 30 days; for a second conviction 90 days and for a third or subsequent six months, or the suspension period under the point values, whichever is greater. If a fatality occurs, the suspension shall be for a period of one year in addition to the suspension under the point values. For purposes of this section, a month shall be considered as 30 days and one year shall equal 365 days.  

See 23 VSA 2506.

Although each state varies in how their DMV communicates with Vermont’s DMV, the issuance of points can pose significant problems to an out-of-state driver’s right to operate a motor vehicle.  Given that many tickets can result in 5 points or more, the accumulation of 2 tickets over the course of 2 years can pose a significant problem for those who have less than clean driving records.  This fact makes it even more important for motorists to fight a traffic ticket in an effort to see if the points can be eliminated or reduced after the conclusion of a Vermont traffic ticket hearing.

Don’t let that Vermont traffic ticket put you at risk of loosing your license.  Contact Vermont Traffic Ticket Attorney, Evan Chadwick for a free initial case analysis.