Vermont codifies reckless driving offenses under the terms of either negligent operation or grossly negligent operation, which both encompass acts similar to reckless driving in other states, but still fall short of Vermont's definition of vehicular manslaughter.
In Vermont negligent operation is defined as failure to exercise ordinary care while you operate a motor vehicle. This charge can apply when your violation of any traffic laws presents imminent hazard to other drivers, passengers or pedestrians. A more serious form of reckless driving, known as grossly negligent operation, involves a higher level of disregard for other drivers, without actual intent to harm other drivers. Penalties are enhanced if grossly negligent operation results in an accident causing property damage or bodily injury.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Negligent operation |
Misdemeanor |
Incarceration up to 1 year, fines up to $1,000 (first offense) Incarceration up to 2 years, fines up to $3,000 (second offense) |
10 |
Automatic license suspension pending (length varies), burden of driver to contest at hearing |
|
Grossly negligent operation |
Misdemeanor |
Incarceration up to 2 years, fines up to $5,000 (first offense) Incarceration up to 4 years, fines up to $10,000 (second offense) |
10 |
Automatic license suspension pending (length varies), burden of driver to contest at hearing |
Second offenses may be categorized as felonies.
Accumulation of more than 10 points in a 2-year period results in license suspension or at the discretion of the Vermont Department of Motor Vehicles. Any negligent operation offense carries enough points to incur a license suspension.
Seeking legal counsel is the first advisable method of addressing a reckless driving charge in Vermont. In terms of criminal issues, cases may be eligible for outright dismissal, pending the case-specific nature of each arrest. You may also be eligible for a plea agreement, which reduces the charge to a lesser non-criminal traffic offense, such as speeding at a given amount over the posted limit. Such a conviction will incur fines and points but prevents criminal conviction.
From an administrative perspective, Vermont does not allow driver education programs to mitigate points accrual, but drivers can appeal a pending or proposed license suspension via an administrative hearing.
For more information on the current reckless driving laws in Vermont, otherwise known as "negligent operation laws," consult with a lawyer about your case-specific legal options and rights.