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Administrative Review Hearing in Vermont

In the state of Vermont each person that has been convicted of a DUI has the right to request a hearing within seven days after they receive the notice of suspension of their license. However, this right to a hearing is waived if the convicted motorist does not send in a timely request for the hearing within those seven days. This hearing is known as an Administrative per se hearing, is held within 21 days of the preliminary hearing and is on the merits of the case. A final hearing may never occur more than 42 days after the date of the alleged offense and may only be continued by the consent of the defendant or for good cause shown.

The issues to be determined in the Administrative per se hearing are limited in the state of Vermont. The first issue to be raised is whether the law enforcement officer had reasonable grounds to believe the person was operating, attempting to operate or in actual physical control of a vehicle while under the influence of alcohol or other drugs. At this hearing it will also be determined whether at the time for the request for the evidentiary test the officer informed the person of their rights’ and the consequences of taking and refusing the test. The third issue to be raised is whether the person refused to permit the test. Lastly, it will also be raised whether the test was taken and the test results indicated that the person’s BAC was .08 or more at the time of operating and whether the testing methods used were valid and reliable. Also, whether the test results were accurate and accurately evaluated will be determined.

Also, at least seven days prior to the hearing the defendant should provide to the state and file with the court a list of issues that the defendant intends to raise at the hearing. Also, only evidence relevant to the issue may be raised by the defendant at the final hearing and all other evidence will be deemed inadmissible.

After the hearing is commenced a final report of the hearing is sent to the commissioner who makes a finding on the case either in favor for the defendant or against the defendant. If the commission finds in favor or the defendant the suspension of their license is dismissed and no fees from the defendant are owed. However, if the commissioner finds in opposition of the defendant the suspension is enforced with fees included.


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