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H.14

Introduced by   Representatives Trombley of Grand Isle and Johnson of South Hero

Referred to Committee on

Date:

Subject:  Motor vehicles; drunken driving; civil suspension

Statement of purpose:  This bill proposes to permit automatic, immediate suspension of driver’s licenses for drunken driving offenses resulting in death or serious bodily injury.

AN ACT RELATING TO IMMEDIATE SUSPENSION OF DRIVER’S LICENSES FOR DRUNKEN DRIVING OFFENSES RESULTING IN DEATH OR SERIOUS BODILY INJURY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 1205(e) is amended to read:

(e)  Effective date of suspension.

(1)  First offense.  Unless a hearing is requested, a suspension under this section of the license of a person who the officer has reasonable grounds to believe violated section 1201 of this title a first time becomes effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section.  If a hearing is requested, a suspension shall not become effective unless the court orders a suspension after hearing as provided in this section.

(2)  Second or subsequent offense.  A suspension of a person’s license under this section shall become effective on the eleventh day after the person receives notice or is deemed to have received notice under subsection (c) of this section if:

(A)  the officer has reasonable grounds to believe the person has violated section 1201 of this title; and

(B)  after July 1, 1991, the person has:

(i)  had his or her operator’s license suspended pursuant to this section; or

(ii)  been convicted of a violation of section 1201 of this title.

(3)  Death or serious bodily injury resulting.  A suspension of a person’s license under this section shall become effective immediately after the person receives notice or is deemed to have received notice under subsection (c) of this section if the officer has reasonable grounds to believe:

(A)  the person has violated section 1201 of this title; and

(B)  the violation has resulted in death or serious bodily injury to another person.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us