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How
to Contest a
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Vermont
Speeding Ticket
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In Vermont a speeding ticket is a civil violation that is processed in a court
called the "Judicial Bureau". The judges are not really judges, but
are "hearing officers". Even though they aren't judges they are still
required to adhere to the Judicial Conduct Code which means they must be both
courteous and impartial. You can't win a case by throwing yourself on the mercy
of the court, or by claiming, without evidence, that you weren't speeding.
Contesting a Vermont speeding ticket takes preparation. Listed below are
steps that will help you prepare. Remember that if you are convicted the fine is
not the only consequence. The insurance premium for your automobile
insurance may be increased as well.
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We can help you. Before you begin the process
of contesting a speeding ticket, call us at (802) 658-4141 or send us an email.
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Ask for a hearing. This is the first step. You must
be willing to stand up for yourself if you want to win.
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Obtain a copy of Vermont Rule of Civil
Procedure 80.6. (V.R.C.P. 80.6) This rule governs how your
hearing in traffic court will be conducted.
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Obtain a copy of the statute AND the local
ordinance that you are accused of violating. The statute is the state
law that establishes a speed limit or authorizes a city or town to establish
a speed limit. The local ordinance is the town or city law the
establishes a speed limit within the town.
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Challenge the validity of the ordinance. Before you think about how to
disprove that you were speeding, you should make sure that the speeding ordinance is valid.
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Ask the court for permission to conduct
discovery. V.R.C.P 80.6 allows you to ask the police department for
information related to your ticket. You should ask for this information well
in advance of your hearing.
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Understand the weaknesses of radar. Radar
is not infallible, but you have little chance of proving that the radar
reading is not accurate unless you understand the basic principles upon
which radar equipment operates.
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Be prepared to appeal your case.
In traffic court the deck is stacked against you. Even if you are prepared,
the hearing officers are often impatient with defendants who wish to offer a
lengthy defense and may not be
willing to allow you to fully present your case. On appeal you are entitled
to a new trial in Vermont District Court in front of a jury.
Pro Se Legal Services provides
counsel and advice on contesting Vermont speeding tickets. Check our links below
to find out the cost and scope of our services.
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