Vt. Stat. Ann. » Title 23 Chapter 13

Vt. Stat. Ann. tit. 23, § 1205

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Subchapter 013 : DRUNKEN DRIVING

(Cite as: 23 V.S.A. § 1205)
Notes of Decisions
Cited in 106 cases (3 in the last 5 years), 1971–2024 · leading case: State v. Lussier
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State v. Lussier (2000) vt · cites it 24× “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
State v. Kimberly Love (2017) vt · cites it 21× “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Pollander (1997) vt · cites it 16× “[3] Defendant concedes further that he makes no constitutional claim, [4] but nevertheless urges that we create a public policy exception based on recognition of circumstances where a violation of the law is justified.”
Veilleux v. Springer (1973) vt · cites it 31× “On December 6, 1971, a hearing was held in the same court pursuant to the provisions of 23 V.S.A. § 1205, which provides: "If the person refuses to submit to a chemical test, it shall not be given.”
State v. Anderson (2005) vt · cites it 29× “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
State v. Singer (2000) vt · cites it 16× “There, the defendant’s driver’s license was suspended pursuant to 23 V.S.A. § 1205. On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.”
State v. Strong (1992) vt · cites it 7× “Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was warned of his rights and cited.”
State v. Brean (1978) vt · cites it 7× “Defendant seems to argue that the admission of any refusal evidence, as allowed by 23 V.S.A. § 1205 (a), constitutes a penalty on the exercise of his privilege against self-incrimination.”
Shaw v. VERMONT DIST. COURT, UNIT NO. 3 (1989) vt · cites it 9× “Plaintiff’s final argument is that the lifetime suspension of his driver’s license is unconstitutional as a retroactive application of 23 V.S.A. § 1205. This argument is based on the fact that one of the convictions used to determine the length of suspension occurred in 1976,…”
Carpenter v. Vermont Department of Motor Vehicles (1983) vt · cites it 10× “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.”
State v. Hamm (1991) vt · cites it 10× “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
State v. Welch (1977) vt · cites it 4× “When the request to take a chemical test is made, a refusal leaves both procedures, civil and criminal, still open under 23 V.S.A. § 1205: (a) If the person refuses to submit to a chemical test, it shall not be given but such refusal may be introduced as evidence in a criminal…”
Show all 106 citing cases →
— Vt. Stat. Ann. tit. 23, § 1205(Z) — 1 case
State v. Strong (1992) vt “Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was warned of his rights and cited.”
— Vt. Stat. Ann. tit. 23, § 1205(a) — 41 cases
State v. Brean (1978) vt “Defendant seems to argue that the admission of any refusal evidence, as allowed by 23 V.S.A. § 1205 (a), constitutes a penalty on the exercise of his privilege against self-incrimination.”
State v. Gilman (2001) vt
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
State v. Pollander (1997) vt “[3] Defendant concedes further that he makes no constitutional claim, [4] but nevertheless urges that we create a public policy exception based on recognition of circumstances where a violation of the law is justified.”
— Vt. Stat. Ann. tit. 23, § 1205(a)(1) — 1 case
State v. Shannon Huston (2020) vt
— Vt. Stat. Ann. tit. 23, § 1205(b) — 7 cases
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
State v. Singer (2000) vt “There, the defendant’s driver’s license was suspended pursuant to 23 V.S.A. § 1205. On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.”
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
Carpenter v. Vermont Department of Motor Vehicles (1983) vt “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.”
State v. Camolli (1991) vt
— Vt. Stat. Ann. tit. 23, § 1205(b)(5) — 1 case
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
— Vt. Stat. Ann. tit. 23, § 1205(c) — 7 cases
State v. Kimberly Love (2017) vt “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
State v. O'BRIEN (1992) vt
State v. Tongue (2000) vt
State v. Lynaugh (1992) vt
— Vt. Stat. Ann. tit. 23, § 1205(c)(1) — 1 case
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
— Vt. Stat. Ann. tit. 23, § 1205(c)(5) — 1 case
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
— Vt. Stat. Ann. tit. 23, § 1205(d) — 1 case
State v. Brooks (1993) vt
— Vt. Stat. Ann. tit. 23, § 1205(d)(1) — 1 case
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
— Vt. Stat. Ann. tit. 23, § 1205(d)(2) — 1 case
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
— Vt. Stat. Ann. tit. 23, § 1205(e) — 7 cases
Shaw v. VERMONT DIST. COURT, UNIT NO. 3 (1989) vt “Plaintiff’s final argument is that the lifetime suspension of his driver’s license is unconstitutional as a retroactive application of 23 V.S.A. § 1205. This argument is based on the fact that one of the convictions used to determine the length of suspension occurred in 1976,…”
State v. Kimberly Love (2017) vt “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Strong (1992) vt “Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was warned of his rights and cited.”
State v. Singer (2000) vt “There, the defendant’s driver’s license was suspended pursuant to 23 V.S.A. § 1205. On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.”
State v. Skilling (1991) vt
— Vt. Stat. Ann. tit. 23, § 1205(e)(2) — 1 case
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
— Vt. Stat. Ann. tit. 23, § 1205(f) — 5 cases
State v. Pollander (1997) vt “[3] Defendant concedes further that he makes no constitutional claim, [4] but nevertheless urges that we create a public policy exception based on recognition of circumstances where a violation of the law is justified.”
State v. Strong (1992) vt “Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was warned of his rights and cited.”
State v. Camolli (1991) vt
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
Carpenter v. Vermont Department of Motor Vehicles (1983) vt “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.”
— Vt. Stat. Ann. tit. 23, § 1205(f)(1) — 1 case
State v. Diesl (1991) vt
— Vt. Stat. Ann. tit. 23, § 1205(g) — 7 cases
State v. Pollander (1997) vt “[3] Defendant concedes further that he makes no constitutional claim, [4] but nevertheless urges that we create a public policy exception based on recognition of circumstances where a violation of the law is justified.”
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
State v. Pluta (1991) vt
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
State v. Rolfe (1996) vt
— Vt. Stat. Ann. tit. 23, § 1205(g)(4) — 1 case
State v. Rolfe (1996) vt
— Vt. Stat. Ann. tit. 23, § 1205(g)(b) — 1 case
State v. Rolfe (1996) vt
— Vt. Stat. Ann. tit. 23, § 1205(h) — 17 cases
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
State v. Singer (2000) vt “There, the defendant’s driver’s license was suspended pursuant to 23 V.S.A. § 1205. On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.”
State v. Kimberly Love (2017) vt “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Spooner (2012) vt
State v. McQuillan (2003) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(1) — 7 cases
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
State v. Kimberly Love (2017) vt “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Hawkins (2013) vt
State v. Webb (2010) vt
State v. Amler (2008) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(1)(A) — 1 case
State v. Austin White (2023) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(1)(B) — 1 case
State v. Ernest J. Muir, Jr. (2023) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(1)(D) — 7 cases
State v. Burnett (2013) vt
State v. Kelly M. Taylor (2015) vt
State v. Nugent (2014) vt
State v. Burnett (2013) vt
State v. Ernest J. Muir, Jr. (2023) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(1)(E) — 4 cases
State v. Burnett (2013) vt
State v. Eileen Ettore (2024) vt
State v. Burnett (2013) vt
State v. Mariusz Curylo (2015) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(2) — 1 case
State v. John Swan (2014) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(3) — 1 case
State v. Neumann (2007) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(4) — 2 cases
State v. Wells (2001) vt
State v. Green (2001) vt
— Vt. Stat. Ann. tit. 23, § 1205(h)(l) — 1 case
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
— Vt. Stat. Ann. tit. 23, § 1205(i) — 7 cases
State v. Pollander (1997) vt “[3] Defendant concedes further that he makes no constitutional claim, [4] but nevertheless urges that we create a public policy exception based on recognition of circumstances where a violation of the law is justified.”
State v. Stearns (1992) vt
State v. Strong (1992) vt “Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was warned of his rights and cited.”
State v. Camolli (1991) vt
State v. Hamm (1991) vt “Defendant received a notice of suspension of his operator's license under 23 V.S.A. § 1205(b), and then requested a district court hearing to contest the suspension, pursuant to 23 V.”
— Vt. Stat. Ann. tit. 23, § 1205(j) — 4 cases
State v. Lussier (2000) vt “See 23 V.S.A. §§ 1205(a), (m), 1206, 1208, 1210; Whisenhunt v.”
Carpenter v. Vermont Department of Motor Vehicles (1983) vt “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.”
State v. Shannon Huston (2020) vt
State v. John Swan (2014) vt
— Vt. Stat. Ann. tit. 23, § 1205(k) — 2 cases
State v. Singer (2000) vt “There, the defendant’s driver’s license was suspended pursuant to 23 V.S.A. § 1205. On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.”
State v. Ratliff (1999) vt
— Vt. Stat. Ann. tit. 23, § 1205(m) — 7 cases
State v. Pluta (1991) vt
In Re Collette (2008) vt
Bancroft v. Commissioner of Motor Vehicles (1998) connappct
State v. Anderson (2005) vt “After a traffic stop that resulted in processing for driving while under the influence, the arresting officer served defendant Anderson with a Notice of Intention to Suspend and /or Disqualify Driver's License for Privilege to Operate, pursuant to 23 V.S.A. § 1205. At the…”
Mooney v. Vt. Dep't of Motor Vehicles (2012) vtsuperct
— Vt. Stat. Ann. tit. 23, § 1205(n) — 7 cases
State v. Burgess (2010) vt
State v. Hanks (2001) vt
State v. Giard (2005) vt
State v. Nugent (2014) vt
State v. Nugent (2014) vt
— Vt. Stat. Ann. tit. 23, § 1205(o) — 1 case
State v. Neumann (2007) vt
— Vt. Stat. Ann. tit. 23, § 1205(t) — 3 cases
State v. Kimberly Love (2017) vt “Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.”
State v. Amler (2008) vt
State v. Kimberly Love (2017) vtsuperct
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