What are Traffic Violations and Infractions in Vermont?

Traffic violations in Vermont are acts that possibly endanger the safety and lives of motorists or pedestrians in the state. They are categorized into 3 based on their severity or seriousness; traffic infractions, traffic misdemeanors, and felony traffic violations. They are offenses that violate the Vermont Traffic Codes and are punishable by traffic fines and possible incarceration.

Additionally, the effects of traffic violations may include higher insurance premiums and even temporary or permanent loss of driving privileges in the state. Depending on the severity of the offense, traffic violation cases may be handled in the criminal division of the Superior Court or by the Vermont Judicial Bureau.

What are Felony Traffic Violations in Vermont?

Felony traffic violations in Vermont are dangerous and severe traffic offenses that are generally considered criminal in nature. They usually involve serious physical harm to individuals or properties and sometimes, even death.

Consequences of felony traffic violations in Vermont may include lengthy incarceration sentences of more than 2 years in state prison and possible life imprisonment. They may also involve expensive fines and possible loss of civil rights or privileges. The severity of felony traffic violations and their penalties are typically determined by the court, which designates crimes as felonies and also fixes sentences on a case-by-case basis. However, repeat offenses may be escalated from traffic misdemeanors to felony traffic violations, especially when serious harm is done. Such offenses are typically DUI and DWI violations.

Generally, for DUIs, first and second offenses are treated as misdemeanors and are punishable by less than two years in a local jail. Third, fourth, and subsequent convictions are more severe and are treated as felonies under state law. Such cases may be penalized by expensive criminal fines of up to $5,000 and incarceration of up to 10 years or more in a state prison facility. Also, according to the Habitual offender law, individuals who have been convicted of multiple felonies, or attempt to commit felonies under the laws of the state, are termed Habitual Criminals. Upon conviction for a fourth or subsequent offense, they may be sentenced to imprisonment in state prison, with the possibility of life imprisonment depending on the severity of the offense.

Examples of Felony Traffic Violations in Vermont

• Vehicular homicide or manslaughter.
• Multiple Driving under the influence (DUIs) or Driving while intoxicated (DWIs) offenses.
• Hit and run.
• Aggravated reckless driving that results in damage or injury.
• Repeatedly driving without a valid license.
• Refusing arrest or fleeing law enforcement.

What are Traffic Misdemeanors in Vermont?

Traffic misdemeanors are traffic violations or driving offenses that are more severe than traffic infractions but less dangerous than felony traffic violations. In Vermont, misdemeanors are crimes punishable by fines of up to $10,000 and less than two years in jail, according to Title 13 of the Vermont Revised Statutes. They are considered criminal offenses that occasionally involve trials, possible legal fees, and legal consequences. They usually result in expensive fines, imprisonment, and probable loss of driving privileges. Traffic misdemeanor convictions also usually reflect on the offender’s driving record and criminal record.

Generally, traffic violations in the state are typically considered to be traffic misdemeanors when:

• The traffic violation caused direct injury to a person or damage to property (for example, another car)
• The traffic violation creates a real threat or fear of serious injury or destruction of property.

Most states in the U.S. divide misdemeanors into classes or levels with each class having a designated range of sentences. However, in Vermont, traffic misdemeanors are not subdivided into classes based on their severity. Crimes are considered traffic misdemeanors and their penalties are fixed on a crime-by-crime basis according to the court’s discretion.

Traffic offenses related to impaired driving, such as driving under the influence (DUI) or driving while intoxicated (DWI), are generally classified as traffic misdemeanors. However, repeated convictions of such offenses may be treated as felonies in Vermont, especially if they involve threatening injuries to a person, damage to property, and even fatality.

Examples of Traffic Misdemeanors in Vermont

• Driving recklessly
• Driving without insurance
• Driving without a license
• Failing to stop after an accident
• Driving under the influence of drugs or alcohol (DUI)
• Driving while intoxicated (DWI)
• Driving without a valid license
• Driving without insurance

What Constitutes Traffic Infractions in Vermont?

Traffic infractions are non-dangerous and non-criminal traffic offenses that do not entail the same harsh penalties and stigma associated with criminal traffic offenses. They are generally the least severe of all traffic violations, therefore, they are not subject to trial or punishable by incarceration. They are treated as civil matters, which implies that they are largely punishable by monetary fines. The consequences of committing a traffic infraction range from traffic fines to a suspended driver’s license due to point placement on the offender’s record.

Traffic infractions in Vermont are either moving or non-moving violations. Moving infractions are safety violations that occur when a driver operates a vehicle, while non-moving infractions are typically equipment violations such as parking in a no-parking zone or parking by an expired meter.

Generally, speed limit violations are the most common moving traffic infractions in Vermont.

Examples of Traffic Infractions in Vermont

• Speeding,
• Handling electronic devices when driving
• Failure to stop at a red light or stop signal
• Lane Usage violations
• Following too closely
• Faulty head or tail lights
• Cracked windshields
• Loud muffler noise
• Excessive window tint
• Turning into the wrong lane
• Refusing to use a turn signal
• Refusing to stop for pedestrians or traffic
• Parking in front of a fire hydrant
• Parking in a no-parking zone,
• Parking in front of an expired meter

How Does a Traffic Ticket Work in Vermont?

A Vermont traffic ticket is issued to a road user who defies or violates road traffic laws, and most tickets are issued for traffic violations called _“i_nfractions’‘. These tickets carry varying penalties depending on the extent or severity of the violation, and the number of violations the individual has had in the past. In most cases, these tickets carry monetary penalties of traffic fines and surcharges; the offender may choose to pay the ticket or fight the ticket in court. Regardless of the driver’s choice, the individual must respond to the ticket before the ticket’s due date, which is usually indicated on the ticket.

Paying the ticket

The tickets usually indicate how and when to pay. Although the option of resolving the ticket is convenient, it is an admission of guilt and an automatic conviction of the traffic offense the individual was charged with. To pay the ticket, the driver can mark the plea on the ticket as “admitted” or “no-contest” and deliver it along with the fine to the Vermont Judicial Bureau by mail, in person, or online within 20 days to avoid extra fees.

Getting a traffic violation conviction results in the offender receiving points on their driver’s license or driving history. The state’s Department of Motor Vehicles (DMV) operates under a driving record point system. These points are added to an individual’s driving record each time they are found guilty of violating a motor vehicle law. Consequently, hitting a threshold of 10 points or more in Vermont within two years results in an automatic suspension of the individual’s driver’s license.

Contesting the ticket

The driver who has been issued a ticket also has the option of fighting or contesting the ticket in court. This option allows the individual to avoid demerit points and potential high auto insurance rates that may result from the conviction. To contest the ticket, the driver may need to declare "not guilty" on the ticket and mail it to the Vermont Traffic Bureau. Once received, the court typically schedules a hearing date.

There is no way to guarantee the result of this option, but it allows the individual to prepare a good case and possibly hire an experienced attorney for better chances of winning. If the driver is found “not guilty”, the traffic ticket is typically dismissed and the demerit points avoided. But, if the judge still finds the individual guilty, all initial penalties, including the traffic fines and demerit points, still apply.

Mailing address:

Vermont Traffic Bureau.
P.O. Box 607,
White River Junction,
Vermont, 05001.

Are Driving Records Public in Vermont?

The Driver’s Privacy Protection Act (DPPA) restricts the release of the personal information contained in driving records to record holders and specific entities recognized in the statutes. The law provides that personal information that identifies the record holder or driver in Vermont be protected for privacy and safety reasons. Under the DPPA, the state DMV may only release personal information to “permitted users” acknowledged in the law.

Records that are considered public may be accessible from some third-party websites. Operating independently of any government agency, these websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused of.

Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to find Driving Records in Vermont

The Vermont Department of Motor Vehicles (VT DMV) maintains the driving records of all Vermont residents. These records provide every registered driver’s personal information along with a history of suspensions, violations, convictions, accidents, license suspensions, revocations, or disqualifications. It also provides details of failed court appearances, specific restrictions, and points on the record holder’s driver’s license.

According to the Driver’s Privacy Protection Act (DPPA), access to the personal information contained in these driving records is restricted and may only be accessible to the following individuals or entities:

• The record holder
• Courts
• Potential employers
• Auto insurance companies
• Government agencies
• Other vehicle-related organizations.
• Government agencies

The department issues 2 different types of driving records: the certified 3-year driving history and the certified complete driving record. The 3-year record contains the record holder’s information over the last 3 years, while the complete driving record encompasses the driver’s entire driving history.

Individuals seeking personal driving records may obtain the records via mail or in person as the DMV does not offer sensitive driving records online.

For in-person requests, the requester must complete and sign the Vermont DMV Record Request form and visit the Vermont DMV office in Montpelier, the state capital. This is the only DMV branch that responds to driving requests made in person. The individual may call the DMV ahead to know what identification documents will be required to process a driving records request

Phone: (802) 828–2000,

FEES

The 3- year driving history costs $14, and the complete driving history costs $20. The Montpelier office only accepts the following payment methods:

• Cash.
• Checks.
• Money orders.
• Credit or debit cards

Mail Requests

The requester must fill and complete the Vermont DMV Record Request form, including the “release” section of the form to show authorization to submit a request. The department will also require some identification documents and a payment check to process the requests.

Documents and payment should be sent to:

120 State St.
Montpelier, VT 05603

In response, driving records are generally mailed to the inquirer.

Can Traffic Violations be Expunged or Sealed in Vermont?

An expungement order totally destroys all records of an arrest or conviction, while a sealing order simply moves the records to secure storage where access to them is restricted. Generally, records of certain traffic violation convictions in Vermont may be expunged while others may only be sealed according to Vermont expungement statutes. Other times, some traffic violation convictions neither qualify for expungement nor sealing per state laws. Typically only traffic violation charges that were dismissed in court or convictions that were pardoned by the governor are eligible for expungement. The court generally seals records of dismissed charges 60 days after the date of dismissal, but the individual may petition the court for expungement after 6 months.

Most traffic violations for which an offender was charged and convicted only qualify for sealing and not expungement as long as the act did not result in threatening injuries or fatalities. Historically, most driving offenses, including DUIs that were eligible for expungement or sealing, were records where the offender was less than 21 years old. However, as of May 2019, the H.460 Draft Bill Template was signed into law by Governor Phil Scott and effective from October 1, 2019. The law provides that a Vermont impaired-driving or DUI conviction may be eligible for sealing if the offender was convicted of a first-time DUI offense at least 10 years ago or the individual completed all sentences or probation 10 years prior. The individual must also have a clean criminal record with no criminal charges or convictions since the conviction.