An affirmative defense to a criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct. Vermont law allows for affirmative defenses in DUI cases. Read more…
Vermont is a tourist state. At Burke Law, many of the Vermont DUIs we defend involve operators with out of state driver’s licenses. If you are charged with DUI in Vermont and have an out of state driver’s license it is important to understand how the consequences of conviction could Read more…
Many people are unsure of how old charges from years or decades ago resolved. Your Vermont criminal record can impact your ability obtain new employment, go back to school or buy a firearm. If you are concerned that you have a Vermont criminal record you can request a copy of Read more…
Vermont Pre-Trial Services Vermont’s Pre-Trial Services is a voluntary program of the Vermont Attorney General’s office. The Court often does not explain to defendants that their participation in Pre-Trial Services is entirely VOLUNTARY. If you do not want to participate in Pre-Trial Services in Vermont, you do not have to. Read more…
Most DUIs in Vermont have two components: a DUI civil and a DUI criminal. Both cases are handled at the same court, before the same judge, at the same time. Each case will have a distinct docket number and each case has different potential consequences. A civil DUI impacts your Read more…
If you are convicted of DUI in Vermont the consequences of a conviction may vary based on whether you have ever been convicted of DUI in the past (in any state), whether or not you have a commercial driver’s license (CDL), whether or not you refused an evidentiary test, and Read more…
Knowing your rights can help you protect infringement of your liberty in any type of Vermont criminal case, including DUI. When talking about individual rights and police interaction I find it helpful to imagine a ladder. You start at the bottom of the ladder, beneath the first rung as you Read more…
Why did I receive a DUI civil in Vermont? DUI civil offenses are issued when (1) a person submits to an evidentiary breath test and the results are over .08 BAC or (2) when a person refuses an evidentiary breath test. I am often met with confused looks when I Read more…
Clients often ask me, “what is the worst penalty that can happen to me if I am convicted of a DUI in Vermont?” The answer is that the worst that can happen to a criminal defendant facing a DUI in Vermont is the statutory maximum penalty. The DUI penalties in Read more…
“Collaboration is the process of working together to achieve a common goal that is impossible to reach without the efforts of others.” – Collaborative Justice Resource Center Collaborative justice is developing in Vermont. Certain counties, such as Chittenden, lead the way with a bold new approach to criminal justice in Read more…