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  #1  
Old 04-21-2008, 01:09 PM
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6 month suspension for refusing BAC test

What is the name of your state? Vermont

About a month and a half ago I was stopped by an officer. I refused a BAC test but preformed field sobriety tests and passed them. I was issued a ticket for "speed excessive for conditions." I now thought I was free from any penalties. I then received a letter a week ago stasting that my license has been suspended for 6 months! Wow was this a chock and huge disappointment for me. Is there any way that I can get this suspension appealed and fight it? With the possibility of getting my license reinstated? I am extremely dependent on my license and would do almost anything to get it back. PLEASE SOMEONE HELP ME!!!
  #2  
Old 04-21-2008, 01:13 PM
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That's what happens when you refuse the test...
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  #3  
Old 04-21-2008, 01:20 PM
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You can always consult with a good DUI defense lawyer and try to fight the law pasted below. Your call.....

Title 23: Motor Vehicles
Chapter 13: Operation Of Vehicles
1202. Consent to taking of tests to determine blood alcohol content

(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this state is deemed to have given consent to an evidentiary test of that person's breath for the purpose of determining the person's alcohol concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer.

Vermont has an administrative license suspension law and an implied consent law. The breathalyzer refusal penalty is a 6-month driver's license suspension.
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  #4  
Old 04-21-2008, 01:22 PM
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Quote:
Originally Posted by BigMistakeFl View Post
You can always consult with a good DUI defense lawyer and try to fight the law pasted below. Your call.....

Title 23: Motor Vehicles
Chapter 13: Operation Of Vehicles
1202. Consent to taking of tests to determine blood alcohol content

(a)(1) Implied consent. Every person who operates, attempts to operate, or is in actual physical control of any vehicle on a highway in this state is deemed to have given consent to an evidentiary test of that person's breath for the purpose of determining the person's alcohol concentration or the presence of other drug in the blood. The test shall be administered at the direction of a law enforcement officer.

Vermont has an administrative license suspension law and an implied consent law. The breathalyzer refusal penalty is a 6-month driver's license suspension.
Yeah, that's what *I* said!
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 04-21-2008, 02:50 PM
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Your suspension was for the refusal of the breathalyzer test. It is administrative from the DMV and not the courts. It's not possible to fight this in Vermont, you need to wait it out and pay the reinstatement fee after the 6 months. You will not have a DUI on your driving record, but the refusal will appear on your DMV record the next time you get pulled over by the police. Driving with a suspended license has serious consequences also, so figure out alternative transportation for a while.
  #6  
Old 04-21-2008, 03:56 PM
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I understand what the penalty means. The thing I don't understand was I think that I was unjustly issued the ticket. Therefore, is there an appeal process after the suspension has been issued? Or is it possible to acquire a temporary license that I will be able to use to get myself to work and back? I was not issued a ticket for DUI. If I had known what the penalty was going to be I would have submitted to the breath test.
  #7  
Old 04-21-2008, 03:57 PM
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Quote:
Originally Posted by Pleasehelpme100 View Post
If I had known what the penalty was going to be I would have submitted to the breath test.
Your ignorance of the law (that everyone learns as part of learning to drive) is not an excuse.
__________________
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*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #8  
Old 04-21-2008, 04:00 PM
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Posts: 11
What I was told was that it is possible to open the case again and take it to court. A letter must be sent to a judge pleading my case to have the case reopened and taken to court. Therefore I am under the impression it is possible to fight this ticket.
  #9  
Old 04-21-2008, 04:03 PM
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Posts: 3,347
Quote:
Therefore I am under the impression it is possible to fight this ticket.
Ok, then get the court case reopened and prove that you did not refuse to take the test.

Ignorance of the law is no excuse.
Wanting the penalties to be lighter is no excuse.
Needing to drive to work is no excuse.
  #10  
Old 04-21-2008, 04:08 PM
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What about evidence such as: the officer did not tell me I had to right to an attorney before I submitted to the breath test? Or other legal procedures that were preformed improperly? It could all depend on how good my lawyer is and the judge who covers the case too right?
  #11  
Old 04-21-2008, 04:22 PM
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BigMistakeFl

In Vermont, you have something like 30 minutes to call your lawyer and get him or her to show up before the test is given. However, you refused the breath test, right?
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  #12  
Old 04-21-2008, 04:28 PM
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Quote:
Originally Posted by Pleasehelpme100 View Post
What about evidence such as: the officer did not tell me I had to right to an attorney before I submitted to the breath test? Or other legal procedures that were preformed improperly? It could all depend on how good my lawyer is and the judge who covers the case too right?
I suggest you get a bus pass.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #13  
Old 04-21-2008, 04:31 PM
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Join Date: Apr 2008
Posts: 11
Yes, I did refuse the test. Here is the other thing. At the scene I was only issued a ticket for "speed excessive for conditions." This ticket was issued to me because my car had slightly gone off the road because of the fact that there was about a half foot of snow on the roads. I then went into the police station a couple days later to talk to the Chief about why I was issued this ticket, since the road conditions were so poor. He gave me all the explanations and then decided that he should also issue me the ticket for refusing the BAC test because the officer had FORGOTTEN to give me the ticket. I wasn't too happy about getting another ticket added on but all that appeared to me was a $26 fine and no further actions taken against me. I also asked the chief if this would effect my driving privileges and he told me that it would not and I was fine. There are many things in my case that are quite fishy.
  #14  
Old 04-21-2008, 04:48 PM
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Quote:
Originally Posted by Pleasehelpme100 View Post
There are many things in my case that are quite fishy.
Yes principally the fact that you are being served with administrative punishments for crimes you were not even accused of.

If you were not cited for refusal, then you did not refuse.

The cop can't just claim "Oh we are doing you a favor."

You need a lawyer right away.
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  #15  
Old 04-21-2008, 04:50 PM
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Therefore, if I was not cited at the scene I should not be guilty or refusing the test?
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