Vermont Statutes Title 23 Sec. 3207d
Terms Used In Vermont Statutes Title 23 Sec. 3207d
- 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.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Operate: includes an attempt to operate and shall be construed to cover all matters and things connected with the presence and use of snowmobiles whether they be at motion or rest. See
- Person: means an individual, partnership, firm, corporation, association, or other entity. See
- Snowmobile: means a self-propelled vehicle intended for off-road travel primarily on snow, having a curb weight of not more than 793. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 3207d. Permissive inferences
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating, attempting to operate, or in actual physical control of a snowmobile on any lands, waters, or public highways of this State, the person’s alcohol concentration shall give rise to the following permissive inferences:
(1) If the person’s alcohol concentration at that time was less than 0.08, such fact shall not give rise to any presumption or permissive inference that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(2) If the person’s alcohol concentration at that time was 0.08 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title.
(3) If the person’s alcohol concentration at any time within two hours of the alleged offense was 0.10 or more, it shall be a permissive inference that the person was under the influence of alcohol in violation of subdivision 3207a(a)(2) or (3) of this title. (Added 1993, No. 234 (Adj. Sess.), § 10, eff. Nov. 1, 1994; amended 2017, No. 83, § 161(4).)