§ 2307 - Remedies for failure to pay traffic violations - Vermont Statutes

§ 2307. Remedies for failure to pay traffic violations

As used in this section,

(a) "Amount due" means all financial assessments contained in a judicial bureau judgment, including penalties, fines, surcharges, court costs, and any other assessment authorized by law.

Subsection (b) effective until January 1, 2010; see also subsection (b) set out below.

(b) Notice of risk of suspension. A judgment for a traffic violation shall contain a notice that failure to pay or otherwise satisfy the amount due within 20 days of the notice will result in suspension of the person's operator's license or privilege to operate until the amount due is paid or otherwise satisfied. If the defendant fails to pay the amount due within 20 days of the notice, the judicial bureau shall provide electronic notice thereof to the commissioner of motor vehicles who, after 20 days from the date of receiving the electronic notice, shall suspend the person's operator's license or privilege to operate until the amount due is paid or otherwise satisfied.

Subsection (b) effective January 1, 2010; see also subsection (b) set out above.

(b) Notice of risk of suspension. A judgment for a traffic violation shall contain a notice that failure to pay or otherwise satisfy the amount due within 30 days of the notice will result in suspension of the person's operator's license or privilege to operate, and the denial, if the person is the sole registrant, of the person's application for renewal of a motor vehicle registration, until the amount due is paid or otherwise satisfied. If the defendant fails to pay the amount due within 30 days of the notice and the case is not pending on appeal, the judicial bureau shall provide electronic notice thereof to the commissioner of motor vehicles who, after 20 days from the date of receiving the electronic notice, shall suspend the person's operator's license or privilege to operate and deny, if the person is the sole registrant, the person's application for renewal of a motor vehicle registration until the amount due is paid or otherwise satisfied.

(c) During proceedings conducted pursuant to 4 V.S.A. § 1109, the hearing officer may apply the following mitigation remedies when the judgment is based upon a traffic violation:

(1) The hearing officer may waive the reinstatement fee required by section 675 of this title or reduce the amount due on the basis of:

(A) the defendant's driving history, ability to pay, or service to the community;

(B) the collateral consequences of the violation; or

(C) the interests of justice.

(2) The hearing officer may specify a date by which the defendant shall pay the amount due and may notify the commissioner of motor vehicles to reinstate the defendant's operator's license or privilege subject to payment of the amount due by the specified date. If the defendant fails to pay the amount due by the specified date, the judicial bureau may notify the commissioner to suspend the defendant's operator's license or privilege. A license may be reinstated under this subdivision only if the defendant's license is suspended solely for failure to pay a judicial bureau judgment.

(3) The judicial officer shall have sole discretion to determine mitigation remedies pursuant to this subdivision, and the judicial officer's determination shall not be subject to review or appeal in any court, tribunal, or administrative office.

(d)-(f) [Deleted.] (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1997, No. 121 (Adj. Sess.), § 13; 2005, No. 167 (Adj. Sess.), § 3, eff. Sept. 1, 2006; 2007, No. 51, § 5, eff. Jan. 1, 2010.)