§ 1212 - Conditions of release; arrest upon violation - Vermont Statutes

§ 1212. Conditions of release; arrest upon violation

(a) At the first appearance before a judicial officer of a person charged with violation of section 1201 of this title, the court, upon a plea of not guilty, shall consider whether to establish conditions of release. Those conditions may include a requirement that the defendant not operate a motor vehicle if there is a likelihood that the defendant will operate a motor vehicle in violation of section 1201. The court may consider all relevant evidence, including whether the defendant has a motor vehicle or criminal record indicating prior convictions for one or more alcohol-related offenses. Prior convictions may be established for this purpose by a noncertified photocopy of a motor vehicle record, a computer printout or an affidavit. Nothing in this section limits the authority of a judicial officer to impose other conditions of release, nor does it limit or modify other statutory provisions concerning license suspension or revocation or the right of a person to operate a motor vehicle.

(b) A court which requires as a condition of release that a defendant not operate a motor vehicle shall so notify the commissioner of motor vehicles. The commissioner shall take suitable steps to assure that this information is available to law enforcement officers. The court shall promptly advise the commissioner of any modification of this condition of release and of the termination of proceedings.

(c) A law enforcement officer who observes a person violating a condition of release requiring that he not operate a motor vehicle may promptly arrest the person for violating a condition of bail and shall bring the person before the nearest available judicial officer without unnecessary delay. A law enforcement officer who otherwise has probable cause to believe that a person has violated a condition of release requiring that he not operate a motor vehicle shall promptly notify a prosecuting officer. (Added 1983, No. 134 (Adj. Sess.), § 1.)