The purpose of an arraignment is to tell a Vermont defendant what they are charged with and why they are charged with it. I have practiced criminal defense in four states and arraignment process varies in each. This blog post is specific to arraignments in Vermont. I am often asked by fearful Read more…
Whether or not someone can be charged with a DUI if they are below the “legal limit” is a question I am often asked at social gatherings. When I answer that drivers in Vermont can be charged with DUI even when their BACs are below .08, I am met with Read more…
Attorney Leah Henderson got a dismissal of a criminal case in Windsor county for a Burke Law client. Attorney Henderson was able to obtain the dismissal after a favorable appeal to the Vermont Supreme Court. Congratulations to Attorney Henderson and our client!
Can I get a DUI in a parking lot in Vermont? Yes. You can be charged with a DUI in Vermont even if you are in a parking lot. Vermont’s DUI law prohibits operating under the influence of alcohol on a public highway. Public highways include most parking lots if Read more…
I was caught speeding in Vermont. I received a speeding ticket and was given a criminal charge of Negligent Operation. Is this normal? Yes. Unfortunately, people are often cited for a criminal negligent operation charge and given a hefty speeding ticket for the same offense. What is the difference between Read more…
The impaired driver rehabilitation program (IDRP) is relatively new in Vermont. IDRP is an alcohol education course that is required by the Vermont DMV to be completed by those with civil or criminal DUI suspensions. An older version of the program was called CRASH. How do I register for IDRP in Read more…
I realized I was unsafe to drive, so I pulled over on the interstate to sleep it off. Can I be charged with DUI in Vermont? It depends. If your car is running or you are otherwise in actual physical control of your vehicle while under the influence of alcohol Read more…
Yes. If they have a search warrant or, in certain instances, if exigent circumstances exist. If Vermont law enforcement possess a valid search warrant they can execute that search warrant at your home without your knowledge or consent. A good summary of a recent challenge to the validity of a Read more…
Diversion is an alternative justice process offered by a prosecutor to a defendant instead of the traditional criminal court process. Diversion is optional. A defendant is never required to complete to diversion in Vermont. A defendant may choose to fight his or her case in the traditional criminal justice system Read more…
The Vermont law surrounding DUI expungements is changing. Historically, DUIs in Vermont were only eligible for sealing if the defendant was under age 21 when he or she committed the offense. That’s counterintuitive, right? In Vermont, the only way to get your DUI off of your record was to request Read more…