Vermont Statutes Title 4 Sec. 1107
Terms Used In Vermont Statutes Title 4 Sec. 1107
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 1107. Appeals
(a) A decision of the hearing officer may be appealed to the Criminal Division of the Superior Court. The proceeding before the Criminal Division of the Superior Court shall be on the record or, at the option of the defendant, de novo. The defendant shall have the right to trial by jury. An appeal shall stay payment of a penalty and the imposition of points.
(b) [Repealed.]
(c) If a decision is appealed, the State‘s Attorney of the county in which the violation occurred shall represent the State, and the State’s Attorney, municipal attorney, or other designee of the legislative body of the municipality shall represent the municipality.
(d) No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party, the Supreme Court may allow an appeal to be taken to it from the Criminal Division of the Superior Court. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 188 (Adj. Sess.), § 7; 2009, No. 54, § 60, eff. June 1, 2009; 2009, No. 154, §§ 236, 238; 2011, No. 73 (Adj. Sess.), § 10; 2017, No. 93 (Adj. Sess.), § 3.)