Vermont Statutes Title 23 Sec. 1208
Terms Used In Vermont Statutes Title 23 Sec. 1208
- 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.
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Ignition interlock certificate: means a restricted privilege to operate a motor vehicle issued by the Commissioner allowing a nonresident whose privilege to operate a motor vehicle in Vermont has been suspended or revoked for operating under the influence of alcohol or in excess of legal limits of alcohol concentration, or for refusing an enforcement officer's reasonable request for an evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device. 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
- Nonresident: shall include any person who does not come under the definition of a resident. See
- Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- RDL: means a restricted license or privilege to operate a motor vehicle issued by the Commissioner allowing a resident whose license or privilege to operate has been suspended or revoked for operating under the influence of alcohol or in excess of legal limits of alcohol concentration, or for refusing an enforcement officer's reasonable request for an evidentiary test, to operate a motor vehicle, other than a commercial motor vehicle as defined in section 4103 of this title, installed with an approved ignition interlock device. See
- Vehicle: means a motor vehicle as defined in section 4 of this title and, when on a public highway:
§ 1208. Suspensions for subsequent convictions
(a) Second conviction. Upon a second conviction of a person violating a provision of section 1201 of this title and upon final determination of an appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately suspend the person’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a vehicle for 18 months and until the defendant complies with section 1209a of this title. However, during the suspension, an eligible person may operate under the terms of an ignition interlock RDL or ignition interlock certificate issued pursuant to section 1213 of this title.
(b) Third conviction. Upon a third or subsequent conviction of a person violating a provision of section 1201 of this title and upon final determination of any appeal, the court shall forward the conviction report forthwith to the Commissioner of Motor Vehicles. The Commissioner shall immediately revoke the person’s operating license or nonresident operating privilege or the privilege of an unlicensed operator to operate a motor vehicle for life. However, during this lifetime revocation, an eligible person may operate under the terms of an ignition interlock RDL or ignition interlock certificate issued under section 1213 of this title. (Added 1969, No. 267 (Adj. Sess.), § 8; amended 1973, No. 79, § 7, eff. May 23, 1973; 1975, No. 103, §§ 4, 5, eff. May 30, 1975; 1977, No. 101, § 2, eff. May 6, 1977; 1979, No. 58, § 3; 1981, No. 103, § 8; 1983, No. 134 (Adj. Sess.), § 6; 1989, No. 179 (Adj. Sess.), § 4, eff. May 14, 1990; 1991, No. 55, § 7; 1997, No. 56, § 5, eff. Aug. 1, 1997; 2009, No. 126 (Adj. Sess.), § 6, eff. July 1, 2011; 2011, No. 90 (Adj. Sess.), § 4; 2015, No. 158 (Adj. Sess.), § 51.)