Vermont Statutes Title 23 Sec. 2501
Terms Used In Vermont Statutes Title 23 Sec. 2501
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated final adjudication of guilt, or a final determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Motor vehicle: includes all vehicles propelled or drawn by power other than muscular power, except farm tractors, vehicles running only upon stationary rails or tracks, motorized highway building equipment, road making appliances, snowmobiles, tracked vehicles, motor-assisted bicycles, electric bicycles, or electric personal assistive mobility devices. See
- Moving violation: means any violation of any provision of this title, while the motor vehicle is being operated on a public highway, over which operation the operator has discretion as to commission of the act, except for offenses pertaining to:
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- Statute: A law passed by a legislature.
§ 2501. Motor vehicle point system
(a) For the purpose of identifying habitually reckless or negligent drivers and frequent violators of traffic regulations governing the movement of vehicles, a uniform system is established assigning demerit points for convictions of violations of this title or of ordinances adopted by local authorities regulating the operation of motor vehicles. Notice of each assessment of points may be given. No points shall be assessed for violating a provision of a statute or municipal ordinance regulating standing, parking, equipment, size, or weight, or if a Superior judge or Judicial Bureau hearing officer has waived the assessment of points in the interest of justice and in accordance with subsection (b) of this section. The conviction report from the court shall be prima facie evidence of the points assessed unless points are specifically waived in the conviction report. The Department of Motor Vehicles also is authorized to suspend the license of a driver when the driver’s driving record identifies the driver as a habitual offender under section 673a of this title.
(b) A Superior judge or Judicial Bureau hearing officer may waive the assessment of points against a person‘s driving record for a moving violation if the waiver of points is in the interests of justice and if all of the following conditions are satisfied:
(1) the person has not had points assessed against his or her driving record within five years of the date of the moving violation;
(2) the person has had no more than three points assessed against his or her driving record within 10 years of the date of the moving violation;
(3) the moving violation is an offense for which no more than three points is specified under section 2502 of this title;
(4) the person was not operating a commercial motor vehicle as defined at section 4103 of this title at the time of the moving violation; and
(5) the moving violation did not result in bodily injury to another person or damage to property of another person. (Added 1977, No. 238 (Adj. Sess.), § 1, eff. July 1, 1979; amended 2005, No. 188 (Adj. Sess.), § 6; 2013, No. 57, § 31a; 2019, No. 131 (Adj. Sess.), § 219.)