CIVIL VIOLATIONS A.K.A "TRAFFIC TICKETS" IN VERMONT

• What is a Vermont Civil Violation Complaint?
• Is a Civil violation a crime?
• Must I answer a Vermont Civil Violation Complaint within 20 days?
• Where do I send my payment and who do I make the check payable to?
• Must I go to court after receiving a Vermont Civil Violation Complaint?
• What if I need more time to pay my fine?
• What if I have a request of the court?
• What is the difference between "NO CONTEST" or "ADMITTED"?
• If I plead "NO CONTEST" or "ADMITTED", may I have extra time to pay the fine?
• May I talk with the prosecutor about the case before going to court?
• May I hire a lawyer to represent me?
• What will happen if I plead "DENIED"
• If I do not appear for the hearing, will I be arrested?
• May I have a trial by jury
• Must I notify the court if my address changes?
• What is the difference between the Judicial Bureau and the Department of Motor Vehicles?
• Who decides the amount of my fine?
• Who decides the amount of my points?
• Will I receive extra points for having an accident?
• Will I be disqualified from driving commercial vehicles?
• Does Vermont inform other states about points, suspensions, and disqualifications?
• What is my chance of winning in the Judicial Bureau?
• ... the next step.
• Waiver Penalty
• Contact us.
• Referred to a Collection Agency?

A civil violation complaint is a written allegation by a law enforcement officer claiming a person or business violated a law. The Judicial Bureau jurisdiction includes traffic violations relative to cars, trucks, buses, tractors, trailers, motorcycles, snowmobiles, all terrain vehicles, boats, bicycles, pedestrians and also possession of tobacco, possession of alcohol, hazing, dissemination of criminal records and other non-criminal violations as set forth by statute.

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No. civil violations are not criminal actions. However, the court reports civil violation judgments to the DMV (Vermont Department of Motor Vehicles). 23 VSA 2302(b).

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Yes. If you fail to return a copy of the Vermont civil violation complaint with your plea within 20 days, the court will assess the waiver fine and DMV will place applicable points on your driving record. If you do not deny the violation, enter a plea of "ADMITTED" or "NO CONTEST" and pay the fine. If you deny the violation, enter a plea of "DENIED". 23 VSA 2304(a).

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Pay by credit card online or send a check or money order, in U.S. Funds, payable to Vermont Judicial Bureau. Our mailing address is P.O. Box 607, White River Junction, VT 05001. Our physical address is 82 Railroad Row, White River Junction, VT.

You have a choice. If you plead "ADMITTED" or "NO CONTEST", you may pay the fine without going to court. If you plead "DENIED", at least one court appearance will be required. 23 VSA 2304.  Before answering the complaint read all the information contained on the white and pink copies handed to you by the issuing officer.

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     You will need to file a "Motion" with the Clerk’s office at the Judicial Bureau in White River Junction. A motion is a request in writing asking the Court to consider doing something specific in your case. All motions must identify the request and give specific reasons for the request. You may use the Judicial Bureau Motion form #442 by clicking here.   Any post judgment motions must be accompanied by a $25.00 filing fee.

Once completed and filed with the Clerk’s office in White River Junction the motion will be put before the Court for a decision as to how to handle the motion. You will receive an answer or hearing notice depending on how the Court rules.

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 Either plea will result in judgment being entered for the State and the waiver penalty will become due.  No Contest means that you neither admit nor deny but that you believe that at a hearing the State could prove it's case.

If I plead "ADMITTED" or "NO CONTEST", may I have extra time to pay the fine?

If you are truly unable to pay the fine within 20 days, you may file a motion for Extension of Time to Pay Fine.  You must include the reason for the extension and a date by which you will be able to have the fine paid in full.  You may contact the Judicial Bureau for a motion form, or click here to get the fill-able form online.

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Yes. The law enforcement officer that issued the civil violation complaint is the prosecutor. You and the law enforcement officer may communicate about the case at any time. If you received a civil violation complaint for operating without liability insurance and you have proof of insurance, you may want to provide your proof to the law enforcement officer before going to court. The name of the law enforcement officer is on the civil violation complaint.

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You may request an extension of time to pay a fine, your request must include the reason you are making it and a date by which you will have the fine paid in full. You must sign your request and mail it to the Vermont Judicial Bureau with your copy of the complaint answered A request form, form 423, by clicking here.
 

Yes. The Judicial Bureau was designed to let you represent yourself, but you may hire a lawyer at your own expense. The court will not appoint a lawyer to represent you at State expense.

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The Judicial Bureau will mail you and the law enforcement officer a notice of hearing. The notice will state the time, date, and location for the hearing. A hearing is a trial by judge. At the hearing, the law enforcement officer will testify about the case, and then you may testify. You and the law enforcement officer may bring witnesses and exhibits. After receiving all the evidence, the judge will make a decision. The judge may tell you the decision immediately or mail a written decision on a later date. If the judge decides the case in your favor, you will not be fined or assessed points. If you contest the complaint and the State prevails in the proceedings, you will be assessed a $30.00 court fee and may be assessed witness fees in addition to any fines and surcharge. 32 VSA 1431(f), 1433, and 1471. Also, any applicable points will be placed on your driving record.

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No. If the law enforcement officer appears and you do not, the Judicial Bureau Hearing Officer will enter a default judgment for the State. 23 VSA 2304(e). You will be assessed the fine and points stated on the civil violation complaint. The Judicial Bureau will mail you a notice stating the deadline for paying the fine. If you do not pay the fine on time, the Judicial Bureau will notify DMV of your non-compliance of the courts order and will request the Commissioner of the Department of Motor Vehicles to suspend your privilege to drive a motor vehicle in Vermont.

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The first trial is a hearing by judge. You or the State may appeal the judge's decision. If you appeal, you may file a written request for a jury trial. Vermont law requires the court to charge a $75.00 non-refundable filing fee for each appeal. If you are truly unable to pay the fee, you may file a written request for waiver of the appeal fee. Contact the Judicial Bureau for the appropriate form.  You do not have to pay the fine during the appeal, but DMV will place Judgment on your record, points if applicable, will be stayed pending the outcome of the appeal. 23 VSA 2306.

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Yes. The Judicial Bureau will mail all notices to your address shown on the civil violation complaint, unless you notify the Judicial Bureau about your new address. Vermont law also requires you to inform the DMV about your current address. 23 VSA 205.

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The Judicial Bureau is within the Judicial Branch of Government. The clerk's office is at the Courthouse in White River Junction. The Judicial Bureau dockets civil violation complaints, schedules hearings, and receives fine payments.

The Department of Motor Vehicles (DMV) is within the Executive Branch of Government and maintains your driving record and issues suspensions. If you want to pay a reinstatement fee, ask about your accumulation of points, or find out whether you are under suspension, call the DMV in Montpelier at 802-828-2050 between 8:00 a.m. and 4:30 p.m., Monday through Friday.

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A panel of three Judicial Bureau Hearing Officers determines the amount of the waiver fines. 23 VSA 2302(d). The waiver fine and surcharge shown on the front of the civil violation complaint is the amount you pay to settle your case by pleading "NO CONTEST" or "ADMITTED"  and waiving your right to a hearing. Most people are required to use safety belts. The law enforcement officer may have added $25.00, $50.00 or $75.00 to the base waiver fine if you or a passenger failed to use an available safety belt. 23 VSA 1259.

If you plead "DENIED" and have a hearing, the judge will decide the amount of your fine. Commonly, the fine after a hearing is the same as the waiver fine, but sometimes is higher or lower depending on the facts of your case, your driving record, and your ability to pay. In addition to a fine, you will be assessed a surcharge, a $30.00 court fee, and possibly witness fees. The surcharge is used for law enforcement training and victims' programs. Beginning July 1, 2003, the surcharge is $26.00 plus 15% of the base fine. 13 VSA 7282.

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The Department of Motor Vehicles assigns the points based upon the judgment issued by the Judicial Bureau.  The Judicial Bureau does not assign points.

The Vermont legislature enacted the mandatory point schedule. 23 VSA 2502. Some violations, such as driving an unregistered or uninspected vehicle, do not result in any points. Other violations, such as speeding, running a red light, driving after suspension, and many others, do result in points on your driving record. If you have a hearing and the judge decides you are at fault for an accident, you will receive 2 additional points. If you accumulate too many points within two years, DMV will suspend your driving privilege as follows:

• 10 points/10 day suspension
• 15 points/30 day suspension
• 20 points/90 day suspension

For each additional 5 points above 20 points, the suspension is an extra 30 days above 90 days in length. Also, an automatic 60 day suspension is imposed for counterfeiting any registration plate, inspection sticker, license certificate, etc. After the suspension period is over, you must pay a $65.00 fee to the DMV and obtain a reinstatement letter before driving again. The reinstatement fee is charged after every suspension.

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Two additional points shall be assessed for any violation which has resulted in an accident which was the fault of the violator, provided that before these additional points are added a determination of fault must have been made. 23 VSA 2502(b).

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If you are convicted of 2 serious traffic violations within 3 years, you will be disqualified for 60 days. If you are convicted of 3 serious traffic violations within 3 years, you will be disqualified for 120 days. 23 VSA 4116(d). When operating a commercial vehicle, serious traffic violations include speeding 15 mph or more over the speed limit, driving in a careless and negligent or reckless manner, changing lanes improperly, following too closely, and violating traffic control laws in connection with an accident resulting in death. 23 VSA 4103(16).

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Frequently, the Vermont DMV will inform other states about these matters. If you fail to pay a fine or if you are suspended, your home state will be notified. For information about your situation, call the Vermont DMV at 802-828-2050 or the motor vehicle department in the other state you are concerned about. 23 VSA 3904, 4113.

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The State has the burden of proving its allegations by clear and convincing evidence. Clear and convincing evidence means evidence which establishes the truth of the facts asserted is highly probable. The State's burden of proof in a civil violation case is lower than the burden in a criminal case and higher than in an ordinary civil case. Depending on the facts and the law involved in your case, you may have a high or low chance of success at the Judicial Bureau. If you are having difficulty deciding whether to contest the complaint, you may want to consult an attorney.

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www.payaoi.com

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        Judicial Bureau
        P.O. Box 607
        White River Junction, VT 05001

For more information, please call 802-295-8869 between 8:00 a.m. and 4:30 p.m., Monday through Friday.

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You can contact the Vermont Judicial Bureau at P.O. Box 607, White River Junction, VT 05001, 802-295-8869 or email us at jud-vjb@state.vt.us When sending email please indicate your specific question, your ticket number and your full name and date of Birth.