suspensions
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This is the section for Vermont
If you received a ticket or were arrested in New York State ( NY ) CLICK HERE
If you received a ticket or were arrested in Connecticut ( CT ) CLICK HERE
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Vermont license suspensions and other common automobile crimes

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Vermont license suspensions

Unlike other states, Vermont has 2 classifications of suspension, criminal suspensions under 23 V.S.A. § 674 and civil suspensions under 23 V.S.A. § 676.

The sanctions and penalties for criminal suspensions turn on what the underlying suspension was for. A conviction when the underlying suspension arose because of a prior conviction of negligent operation (23 V.S.A. § 1091), operation without the consent of the owner (23 V.S.A. § 1094), or failure to stop at an accident (23 V.S.A. § 1128), the penalty is mandatory jail time:

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“…shall be imprisoned not more than two years or fined not more than $5,000.00, or both.”

If the underlying suspensions was caused by a conviction for operation under the influence of intoxicating liquor (23 V.S.A. § 1201), or for refusal to provide a chemical breath test (23 V.S.A. § 1205), there is still a mandatory jail sentence of up to two years, however under this section a jail sentence can be suspended and an alternative minimum sentence can be imposed as follows:


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(1) For the first offense, a fine of $300.00 or complete 40 hours of community service.

(2) For a 2nd offense occurring within five years, a minimum fine of $750.00 or complete 80 hours of community service.

(3) For the 3rd offense occurring within five years, at least 12 days of furlough with community restitution.

(4) For the 4th offense occurring within five years, at least 18 days of furlough with community restitution.

(5) For the 5th offense occurring within five years, at least 16 consecutive days in a correctional facility.

Moreover, upon being stopped the police officer must remove your license plates from the vehicle which you were operating whether or not it was registered to you and return them to the Vermont DMV.

Further, after a second or subsequent conviction the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be immobilized. At the time of sentencing after a third or subsequent conviction the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be forfeited and sold.

Vermont civil violation suspensions

Under 23 V.S.A. § 676 if a person is suspended for any reason other than those enumerated in 23 V.S.A. §§ 1091, 1094, 1128, 1201, or 1205 it is a civil and not criminal violation. While there are many reasons a person’s license can be suspended in the State of Vermont, the most common one is for failure to answer a speeding ticket or other moving violation.

In defense of a civil violation, our office researches the underlying reason for the suspension, advises our client on how to clear it, and then provides proof of clearance. This usually leads to the dismissal of the civil suspension violation charge.  


Vermont reckless driving

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In Vermont, reckless driving is called “negligent operation,” and is defined in 23 V.S.A. § 1091. There are 2 degrees of negligent operation, regular negligent operation (23 V.S.A. § 1091(a)) and grossly negligent operation (23 V.S.A. § 1091(b)).

The standard for a conviction for negligent operation in violation of this subsection shall be ordinary negligence, examining whether the person breached a duty to exercise ordinary care.

The standard for a conviction for grossly negligent operation in violation of this subsection shall be gross negligence, 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.


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Penalties for Vermont negligent operation and grossly negligent operation

Negligent operation

“A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both. If the person has been previously convicted of a violation of this subsection, the person shall be imprisoned not more than two years or fined not more than $3,000.00, or both.”

Grossly negligent operation

“A person who violates this subsection shall be imprisoned not more than two years or fined not more than $5,000.00, or both. If the person has previously been convicted of a violation of this section, the person shall be imprisoned not more than four years or fined not more than $10,000.00, or both. If serious bodily injury or death results, the person shall be imprisoned for not more than 15 years or fined not more than $15,000.00, or both.”

In addition to the fines and potential jail time, you will suffer a major insurance increase if you are found guilty of Vermont negligent operation.

Defense of your Vermont negligent operation ticket

Our office strives to get you the best possible outcome. We strive to negotiate a plea bargain to a non-criminal offense or, if we cannot do that then fully prepare for trial. In preparation of your Vermont reckless driving case, our office:

·        Reviews the summons for discrepancies that can lead to a dismissal or provide plea bargaining leverage

·        Reviews your driving history and advises you on any remediation that can be taken by you in advance of trial

·        Contacts the prosecution in order to work out a plea bargain amenable to all parties

·        Appear in court for you so that you do not have to do (most of the time).

Attack That Ticket Vermont

CALL: 1-877-99-NoTix  (1-877-996-6849)     Email: vermontinfo@attackthatticket.com

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Attack That Ticket for speeding ticket lawyers in VT,  as well as Vermont traffic ticket attorneys. As Vermont Traffic Court Lawyers they also handle DUI DWI. How to fight a VT speeding ticketHow to defend a DWI in VermontDUI defense Vermont. Do you have a suspended license in VermontAggravated Unlicensed Operation. How to defend a drunk driving charge in VT, Traffic Lawyers. We are also criminal defense lawyers.

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