Carpenter v. Vermont Dep't of Motor Vehs., 465 A.2d 1379 (Vt. 1983). · Go Syfert
Carpenter v. Vermont Dep't of Motor Vehs., 465 A.2d 1379 (Vt. 1983). Cases Citing This Book View Copy Cite
34 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: Amber Neddo, as Guardian & Next Friend to Z.N., C.B., & A.B., et al. v. Monsanto Company et al. (vtd, 2025-12-12)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Amber Neddo, as Guardian & Next Friend to Z.N., C.B., & A.B., et al. v. Monsanto Company et al.
D. Vt. · 2025 · confidence medium
Dep’t of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (explaining that statute is not retrospective “because some of the requisites for its action are drawn from a time antecedent to its passage”; question is whether it affects rights existing prior to enactment (quotation omitted)).
cited Cited as authority (rule) Jennifer Knapp (Dasler) v. Timothy Dasler
Vt. · 2024 · confidence medium
Dep’t of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (quotation omitted). ¶ 22.
discussed Cited as authority (rule) The Travelers Insurance Company v. Susan J. Carpenter (2×)
2d Cir. · 2002 · confidence medium
Dep’t of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (“[T]he essential inquiry is whether ‘the act which triggers application of the amended statute occurs after the effective date of the amended statute.’” (quoting Nix v. Tice, 44 Colo.App. 42 , 607 P.2d 399, 400 (1980))).
discussed Cited as authority (rule) Petition of Quechee Service Co., Inc.
Vt. · 1996 · signal: cf. · confidence medium
Cf. Carpenter v. Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (retroactive laws defined as those that take away or impair vested rights acquired under existing laws, or create new obligation, impose new duty, or attach new disability with respect to past transactions).
discussed Cited as authority (rule) Minchenko v. Vermont Commissioner of Motor Vehicles
Vt. · 1995 · confidence medium
Nor may its conviction orders be read to delete prior convictions from the records of an independent branch of government - the very kind of constitutional violation that defendant urges this Court to disallow. *626 We decided essentially the question now before us, albeit absent a constitutional claim, in Carpenter v. Department of Motor Vehicles, 143 Vt. 329, 333-34 , 465 A.2d 1379, 1382 (1983).
discussed Cited as authority (rule) Agency of Natural Resources v. Godnick
Vt. · 1994 · confidence medium
Retrospective laws are defined as ‘“those which take away or impair vested rights acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability in respect to transactions or considerations already past.’” Carpenter v. Vermont Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (quoting Barbieri v. Morris, 315 S.W.2d 711, 714 (Mo. 1958)).
discussed Cited as authority (rule) In Re Illuzzi (2×)
Vt. · 1993 · confidence medium
Thus, he argues, this situation is distinguishable from Carpenter v. Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983), where the plaintiff had argued that the penalty for refusal to submit to a breath test was improperly enhanced, pursuant to an amended statute, because the commissioner had considered DUI convictions that preceded the amended statute.
discussed Cited as authority (rule) State v. Strong
Vt. · 1992 · confidence medium
See, e.g., Shaw v. Vermont District Court, 152 Vt. 1, 6-7 , 563 A.2d 636, 640 (1989) (because summary suspension hearing under § 1205 for refusal to submit to alcohol test is a civil proceeding, not a criminal prosecution, right under Vermont Constitution to trial by jury in “prosecutions for criminal offenses” does not apply, and preponderance of the evidence is adequate standard of proof); State v. Lynaugh, 148 Vt. 124, 126-27 , 530 A.2d 555, 557 (1987) (since license suspension for failure to take breath test occurs in a civil administrative proceeding, party seeking review must petiti…
discussed Cited as authority (rule) Erno v. Commissioner of Motor Vehicles (2×) also: Cited "see"
Vt. · 1991 · confidence medium
In Carpenter v. Vermont Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983), we explained that retrospective or retroactive laws are ‘“defined, from a legal viewpoint, as those which take away or impair vested rights acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability in respect to transactions or considerations already past.’” (quoting Barbieri v. Morris, 315 S.W.2d 711, 714 (Mo. 1958)).
discussed Cited as authority (rule) Shaw v. VERMONT DIST. COURT, UNIT NO. 3
Vt. · 1989 · confidence medium
This argument was specifically rejected in Carpenter v. Vermont Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (“The statute neither impaired vested rights nor imposed new duties.”; statutory scheme therefore not retrospective and due process not violated).
discussed Cited as authority (rule) State v. Willis
Vt. · 1985 · confidence medium
“Thus, the essential inquiry is whether ‘the act which triggers application of the amended statute occurs after the effective date of the amended statute.’ ” Carpenter v. Vermont Department of Motor Vehicles, 143 Vt. 329, 333 , 465 A.2d 1379, 1382 (1983) (citations omitted).
discussed Cited "see, e.g." Burlington Fire Fighters' Ass'n v. City of Burlington (2×)
Vt. · 1988 · signal: see also · confidence low
See Senter, 72 Vt. at 113 , 47 A. at 393 ; see also Carpenter v. Department of Motor Vehicles, 143 Vt. 329, 332-33 , 465 A.2d 1379, 1382 (1983) (Legislature has the power to enact a law which would operate retrospectively from its effective date); United States v. United States Fidelity & Guar.
Retrieving the full opinion text from the archive…
Paul W. Carpenter
v.
Vermont Department of Motor Vehicles, William H. Conway, Commissioner
82-342.
Supreme Court of Vermont.
Sep 6, 1983.
465 A.2d 1379
Blais & Cain, Burlington, for Plaintiff-Appellant., John J. Easton, Jr., Attorney General, and Robert C. Schwartz and Andrew M. Eschen, Assistant Attorneys General, Montpelier, for Defendants-Appellees.
Billings, Hill, Underwood, Peck, Gibson.
Cited by 13 opinions  |  Published
Hill, J.

Pursuant to 23 V.S.A. § 1205(f), the commissioner of motor vehicles (commissioner) revoked plaintiff’s operator’s license for a six-year period, as a result of three alleged “refusals” to submit to breath tests. Following the receipt of the revocation notice, plaintiff instituted this action in superior court to challenge the revocation. V.R.C.P. 75. There being no dispute as to the facts, both the commissioner and plaintiff moved for summary judgment. V.R.C.P. 56. After reviewing the submitted memoranda, affidavits and oral arguments, the superior court granted the commissioner’s motion, and plaintiff filed a timely notice of appeal. We affirm.

Prior to August 23, 1981, plaintiff was twice convicted of driving while under the influence of intoxicating liquor (DUI), 23 V.S.A. § 1201(a) (2), on July 8, 1975, and September 21, 1979. In both instances, plaintiff submitted to breath tests when requested to do so by police officers. On August 23, 1981, plaintiff was stopped by an officer of the Vergennes Police Department on suspicion of driving while under the influence. When asked to submit to a preliminary alcohol field test, § 1202(b), he declined. Plaintiff was then taken to the Vergennes Police Station, where he was informed of his Miranda [*331] rights, and his rights under the Implied Consent Statute, 23 V.S.A. § 1202. In addition, he was told that his refusal to submit to a breath test could result in the loss of his Vermont operator’s license for a period of one to six years, depending on his prior record. § 1205. After several unsuccessful attempts to contact his attorney, plaintiff was advised of his right to contact a public defender, but he declined the opportunity and persisted in his refusal to submit to a breath test.

In accordance with 23 V.S.A. § 1205 (a), a subsequent “reasonableness hearing” was held in the district court to determine whether the facts and circumstances surrounding the August 23 stop provided a reasonable basis for the officer’s request to submit to a breath test. The district court concluded that the police officer’s request was reasonable. The court also noted that this appeared to be plaintiff’s first “refusal” to submit to a breath test. As required by statute, the district court’s findings, conclusions and order were then sent to the commissioner for license revocation processing. 23 V.S.A. § 1205.

The statutory procedure for revoking the license of a driver who refuses to submit to a breath test is set forth in § 1205. Once the commissioner receives the judicial determination that the officer’s request to submit to a breath test was reasonable, the statute requires him to revoke the driver’s license for a period of time fixed by the number of “refusals” in the driver’s record. In this regard, however, § 1205(j) provides that “a previous conviction for a violation of section 1201, shall be considered a previous refusal unless there was also a refusal at the incident which resulted in a conviction.” That is, a prior conviction under § 1201 is deemed to be a refusal for the purposes of § 1205.

Guided by the rule of computation in § 1205 (j), the commissioner determined that plaintiff’s refusal, admittedly his first, constituted a “third refusal” for purposes of license revocation, since plaintiff had two prior DUI convictions. When faced with a third refusal, 23 V.S.A. § 1205 (f) mandates that “[t]he commissioner shall revoke a person’s operating license, or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle for six years.” Accordingly, the commissioner revoked plaintiff’s operator’s license for six years.

[*332] On appeal, plaintiff briefs three exceptions for our consideration: first, whether the commissioner, by “retrospectively” applying 23 V.S.A. § 1205(j) to DUI convictions occurring prior to the statute’s effective date, July 1, 1981, arbitrarily and capriciously denied plaintiff his constitutional right to due process of law; * second, whether the commissioner exceeded his authority by suspending plaintiff’s operator’s license for a period of time not supported by a judicial determination; and third, whether the arresting officer had a duty to inform plaintiff of the impact of the newly enacted legislation with respect to his driving record. The exceptions will be taken in order.

Plaintiff concedes at the outset that the legislature has the power to enact a law such as § 1205(j) which would operate prospectively from its effective date. His challenge is solely directed to the constitutional validity of a retrospective application of the statute. He correctly points out that subsection (j) is not expressly limited to those DUI convictions occurring after the effective date of the statute, nor does it contain any language contemplating prior convictions. Plaintiff then cites those decisions of this Court which have held that “a statute should not be construed to act retrospectively . . . unless its language is so clear as to admit of no other construction,” United States v. United States Fidelity & Guaranty Co., 80 Vt. 84, 97, 66 A. 809, 814 (1907) ; see also City of Montpelier v. Senter, 72 Vt. 112, 113, 47 A. 392, 393 (1900), and insists that it is unconstitutional to apply “retrospectively” § 1205 (j) to his prior DUI convictions, since such an interpretation would attach a new disability to prior convictions. We disagree.

The validity of plaintiff’s argument hinges on whether the six-year revocation constituted a retrospective application of 23 V.S.A. § 1205 (j). Although there is a dearth of authority within this jurisdiction as to what constitutes retrospective legislation, the Supreme Court of Missouri has provided a logical and persuasive treatment of the issue:

[*333] “ ‘Retroactive’ or ‘retrospective’ laws are generally defined, from a legal viewpoint, as those which take away or impair vested rights acquired under existing laws, or create a new obligation, impose a new duty, or attach a new disability in respect to transactions or considerations already past.” But it has been held specifically that a “statute is not retrospective because it merely relates to prior facts or transactions but does not change their legal effect, or because some of the requisites for its action are drawn from a time antecedent to its passage, or because it fixes the status of a person for the purpose of its operation.” It is said to be retroactive “only when it is applied to rights acquired prior to its enactment.”

Barbieri v. Morris, 315 S.W.2d 711, 714 (Mo. 1958) (citations omitted). Thus, the essential inquiry is whether “the act which triggers application of the amended statute occurs after the effective date of the amended statute.” Nix v. Tice, 44 Colo. App. 42, 43, 607 P.2d 399, 400 (1980) ; see also State v. Vashaw, 113 N.H. 636, 638, 312 A.2d 692, 693 (1973).

As drafted, 23 V.S.A. § 1205(j) required plaintiff, after July 1, 1981, either to refuse to submit to a test, or to be convicted again for DUI, before its provisions became operative. Thus, the statute’s enactment had no impact whatsoever on his prior DUI convictions, absent some new act by plaintiff which triggered the statute’s rule. The statute neither impaired vested rights nor imposed new duties. Nor, as plaintiff argues, did the statute attach new disabilities to prior transactions. To be considered as attaching new disabilities to prior transactions, the statute would have to have penalized plaintiff anew for his past convictions, without any subsequent actions on his part. Here, the “act which triggered] application of the amended statute occur [red] after the effective date of the amended statute.” Nix v. Tice, supra. For these reasons, we find nothing retrospective about 23 V.S.A. § 1205 (j) and thus reject plaintiff’s claim that he was denied due process.

The plaintiff next claims that since the district court, after the reasonableness hearing, stated in its order that there was no other evidence presented that this was other than a first refusal offense, the commissioner exceeded his authority[*334] when he issued a six-year revocation. In other words, plaintiff argues that the commissioner should be bound by the district court’s evidentiary finding as to the first refusal offense. The simple answer to this claim is that § 1205, as well as the case law construing it, make it abundantly clear that once the court finds that there was a reasonable basis for the request to submit to a breath test, the ensuing license revocation is accomplished purely by administrative action. Bolio v. Malloy, 126 Vt. 424, 427, 234 A.2d 336, 339 (1967). “Neither the court nor the commissioner of motor vehicles has been granted discretionary power in this statutory consequence.” Id. at 427-28, 234 A.2d at 339. Thus, we reject plaintiff’s second argument.

Finally, plaintiff contends that the “spirit” of State v. Duff, 136 Vt. 537, 539, 394 A.2d 1145,1146 (1978), which held that a law enforcement officer must inform an individual of the right to consult an attorney prior to deciding whether to submit to a breath test, was violated when the Vergennes police officer failed specifically to advise him of the consequences of a refusal. Although the findings clearly indicate that plaintiff was told that his refusal would inevitably result in the loss of his license for a period of one to six years, depending on his prior record, plaintiff insists that the officer had the added duty to inform him of the impact of the recently enacted legislation with respect to his individual driving record. The argument is without merit. A police officer is simply not required, under Chapter 13 of Title 23 or by our decision in Duff, to inquire of the motorist the state of his or her driving record, or to calculate the length of revocation if there is an election not to take a test, or to inform the motorist of the latest developments in the law.

For the foregoing reasons, the decision of the superior court to grant the commissioner’s motion for summary judgment is affirmed.

Judgment affirmed.

*

Prior to July 1, 1981, the effective date of this amended version, 23 V.S.A. § 1205(a) simply provided that a refusal to submit to a breath test would result in a loss of license for one year. The one-year revocation period was reducible to six months if the offender successfully completed a driver rehabilitation program. 23 V.S.A. § 1205(b).