Terms Used In Vermont Statutes Title 23 Sec. 1215

  • Alcohol assessment screening: means an assessment of an individual's use of alcohol, which includes consideration of the results of any available tests relating to the individual's blood alcohol content, the individual's motor vehicle record, responses to an alcohol screening questionnaire approved by the Secretary of Human Services, personal interviews, and any other relevant information that is identified in any subsequent report. See
  • Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See

§ 1215. Injunctive relief

If the Commissioner has not reinstated a license after the suspension or revocation period has run under this subchapter, and the person alleges he or she has complied with section 1209a of this title or alleges that the alcohol assessment screening does not indicate that therapy should be a condition of reinstatement, he or she may seek injunctive relief in the Criminal Division of the Superior Court in the manner provided by the Vermont Rules of Civil Procedure. In such actions, the Driver Rehabilitation Program Director shall be the proper defendant. (Added 1989, No. 68, § 10, Dec. 1, 1989; amended 1995, No. 112 (Adj. Sess.), § 13, eff. April 22, 1996; 2009, No. 154 (Adj. Sess.), § 238.)