Vermont Statutes Title 23 Sec. 722
Terms Used In Vermont Statutes Title 23 Sec. 722
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
- 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.
- 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
- Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
§ 722. Recommendation of a court
When a motor vehicle operator is convicted of a violation of subchapters 1 through 5 of chapter 13 of this title involving the operation of a motor vehicle in motion, the judge of the court in which the conviction was obtained may recommend, in writing, to the Commissioner of Motor Vehicles that the operator be required to attend a driver retraining course. The judge may delay sentencing the operator until he or she has had an answer to his or her recommendation from the Commissioner. If advised by the Commissioner that the operator has been ordered to take a driver retraining program, the judge may further delay sentencing the operator for a period not to exceed 90 days. If the judge receives evidence that the operator has satisfactorily completed a driver retraining course, he or she may then consider all the facts and circumstances of the case and either impose a penalty and costs or waive all or any part of the penalty and costs making a note of the action on the original warrant. In such cases the court shall in no way be relieved of the duty of filing forthwith upon conviction the report required under section 1709 of this title. (Added 1961, No. 201, § 2.)