Vermont motor vehicle infractions ranging from non-moving violations to DUI are governed by Title 23 of the Vermont Statutes. In this volume, the legal language of all motor vehicle violations as well as the potential penalties are defined, which can serve as a crucial first step in analyzing your Vermont traffic ticket.
What is most important for motorists facing a traffic ticket is the imposition of the points onto their license. A full schedule of the points applied are as follows:
(1) Two points assessed for:
(A) § 601. License required;
(B) § 602. Exceptions for farm tractors and highway
equipment;
(C) § 611. Possession of license certificate;
(D) § 612. Restrictions of license;
(E) § 614. Rights under license;
(F) § 615. Unlicensed operators;
(G) § 1004. Interstate highway regulations;
(H) § 1008. Regulations in municipalities;
(I) § 1009. Restrictions on controlled-access roadway;
(J) §§ 1021 Failure to obey traffic-control signals;
and 1022.
(K) § 1024. Failure to obey flashing signals;
(L) § 1026. Failure to obey lane control signals;
(M) § 1031. Illegal driving to right;
(N) § 1032. Failure to keep to the right of center
when meeting oncoming traffic;
(O) § 1037. One-way roadways and rotaries;
(P) § 1038. Driving on roadways laned for traffic;
(Q) § 1041. Restricted access roadways;
(R) § 1046. Failure to yield right-of-way at
intersection;
(S) § 1047. Failure to turn to left properly;
(T) § 1048. Failure to stop or yield at intersections;
(U) § 1049. Failure of vehicle to yield right-of-way
when entering from private road;
(V) § 1053. Failure to exercise due care;
(W) § 1059. Driving through safety zone;
(X) § 1061. Illegal turning at intersections;
(Y) § 1062. Turning prohibited;
(Z) § 1063. Unsafe starting of parked vehicle;
(AA) § 1064. Failure to use required signals;
(BB) § 1065. Improper use of hand signals;
(CC) § 1071. Illegal driving on or near railroad grade
crossing;
(DD) § 1072. Failure to stop at railroad crossings;
(EE) § 1073. Improper crossing at a railroad grade by
heavy equipment;
(FF) § 1074. Improper emerging from driveway;
(GG) § 1081. Basic rule and maximum limits;
(HH) § 1082. Slow-moving vehicles;
(II) § 1083. Special speed limitations;
(JJ) § 1092 Damaging surface of road;
(KK) § 1093. Smokescreen device;
(LL) § 1095. Operating with television set installed;
(MM) § 1099. Texting prohibited – first offense;
(NN) § 1113. Illegal backing;
(OO) § 1114. Illegal riding on motorcycles;
(PP) § 1115. Illegal operation of motorcycles on
roadways laned for traffic;
(QQ) § 1116. Clinging to other vehicles;
(RR) § 1117. Illegal footrests and handlebars;
(SS) § 1118. Obstructing the driver’s view;
(TT) § 1119. Improper opening and closing vehicle doors;
(UU) § 1121. Coasting prohibited;
(VV) § 1122. Following fire apparatus prohibited;
(WW) § 1123. Driving over fire hose;
(XX) § 1124. Position of operator;
(YY) § 1127. Unsafe control in presence of horses and
cattle;
(ZZ) § 1131. Failure to give warning signal;
(AAA) § 1132. Illegal driving on sidewalk;
(BBB) § 1243. Lighting requirements;
(CCC) § 1256. Motorcycle headgear;
(DDD) § 1257. Face protection;
(EEE) § 800 Operating without financial responsibility;
(FFF) All other moving violations which have no
specified points;
(2) Three points assessed for:
(A) § 1033. Illegal passing on the left;
(B) § 1034. Illegal passing on the right;
(C) § 1035. Limitations on passing;
(D) § 1036. No passing zone;
(E) § 1039. Following too closely;
(F) § 1040. Improper driving on divided highway;
(3) Four points assessed for:
(A) § 1012. Failure to obey enforcement officer;
(B) § 1013. Authority of enforcement officers;
(C) § 1051. Failure to yield to pedestrian;
(D) § 1057. Failure to yield to blind persons;
(4) Five points assessed for:
(A) § 1050. Failure to yield to emergency vehicles;
(B) § 1075. Illegal passing of school bus;
(C) § 1099. Texting prohibited – second and subsequent
offenses;
(5) Ten points assessed for:
(A) Deleted;
(B) § 1091. Negligent operation;
(C) § 1094. Operation without owner’s consent and
aggravated operation without owner’s
consent;
(D) § 1128. Failure to stop when involved in an
accident;
(E) § 1133. Attempting to elude a police officer;
(6) Two points assessed for sections 1003 and 1007. State speed zones and local speed limits, less than 10 miles per hour over and in excess of speed limit;
(7) Three points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 10 miles per hour over and in excess of speed limit;
(8) Five points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 20 miles per hour over and in excess of speed limit;
(9) Eight points assessed for sections 1003 and 1007. State speed zones and local speed limits, more than 30 miles per hour over and in excess of the speed limit.
See 23 VSA 2502
All traffic ticket cases are heard by the Vermont Judicial Bureau, which assigns a hearing officer and assistant judge to preside over the proceeding. The state has the burden of proof based on “clear and convincing evidence” to show that the driver in fact violated the defined statute that is illustrated in the traffic ticket. These proceedings are recorded so that the Court can preserve an accurate record in the event an appeal is filed.
Under the Title 4 of the Vermont Statutes, an appeal of a Vermont traffic ticket can be filed. In this appeal the defendant can request a trial by jury or by judge. Although an appeal can stay the payment of a fine, the points will be applied and upheld unless the Vermont Superior Court Criminal Division judge or jury overturns the traffic infraction conviction.