§ 674 - Operating after suspension or revocation of license; penalty; removal of registration plates; towing - Vermont Statutes

§ 674. Operating after suspension or revocation of license; penalty; removal of registration plates; towing

(a)(1) Except as provided in section 676 of this title, a person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of this section or subsections 1091(b), 1094(b), or 1128(b) or (c) of this title and who operates or attempts to operate a motor vehicle upon a public highway before the suspension period imposed for the violation has expired shall be imprisoned not more than two years or fined not more than $5,000.00, or both.

(2) A person who violates section 676 of this title for the sixth or subsequent time shall, if the five prior offenses occurred after July 1, 2003, be imprisoned not more than two years or fined not more than $5,000.00, or both.

(b) A person whose license or privilege to operate a motor vehicle has been suspended or revoked for a violation of section 1201 of this title or has been suspended under section 1205 of this title and who operates or attempts to operate a motor vehicle upon a public highway before reinstatement of the license shall be imprisoned not more than two years or fined not more than $5,000.00, or both. The sentence shall be subject to the following mandatory minimum terms:

(1) For the first offense, the defendant shall pay a mandatory minimum fine of $300.00 or complete 40 hours of community service. In the event that no term of imprisonment, suspended or to serve, is imposed, the community service shall be performed within 120 days. Failure to submit proof of completion of the 40 hours within 120 days shall constitute civil contempt unless the defendant requests an extension for good cause shown prior to expiration of the 120 days.

(2) For a second offense occurring within five years, the defendant shall pay a mandatory minimum fine of $750.00 or complete 80 hours of community service. In the event that no term of imprisonment, suspended or to serve, is imposed, the community service shall be performed within 120 days. Failure to submit proof of completion of the 80 hours within 120 days shall constitute civil contempt unless the defendant requests an extension for good cause shown prior to expiration of the 120 days.

(3) For the third offense occurring within five years, the defendant shall serve at least 12 days of preapproved furlough with community restitution.

(4) For the fourth offense occurring within five years, the defendant shall serve at least 18 days of preapproved furlough with community restitution.

(5) For the fifth and subsequent offenses occurring within five years, the defendant shall be imprisoned at least 16 consecutive days in a correctional facility. The sentence may not be suspended or deferred.

(c) An enforcement officer shall have the authority to remove any number plates from a motor vehicle which is being operated by a person in violation of subsection (a) or (b) of this section. The commissioner shall be notified in writing and may, in his or her sole discretion, cause the plates to be returned to the registered owner or lessee for good cause shown.

(d) Notwithstanding any other provision of this title, when a conviction for a violation of this section and a conviction for a violation of section 1201 of this title result from the same incident, any penalty or suspension or revocation of a person's license or privilege to operate shall be imposed to be consecutive and not concurrent.

(e) In determining appropriate fines under this section, the court may take into account the income of the defendant.

(f) For purposes of this section and section 676 of this title, the suspension period for a violation of section 1201 or 1205 of this title shall not be deemed to expire until the person has complied with section 1209a of this title and the person's license has been reinstated.

(g) In establishing a prima facie case against a person accused of violating this section, the court shall accept as evidence a printout attested to by the law enforcement officer as the person's motor vehicle record showing convictions and resulting license suspensions. The admitted motor vehicle record shall establish a permissive inference that the person was under suspension on the dates and time periods set forth in the record. No certified copy shall be required from the department of motor vehicles to establish the permissive inference.

(h) At the time of sentencing after a second or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be immobilized. At the time of sentencing after a third or subsequent conviction under subsection (b) of this section, the court may, in addition to any penalty imposed by law, order that the motor vehicle operated by the person at the time of the offense be forfeited and sold. Immobilization and forfeiture procedures under this section shall be conducted in accordance with the procedures in section 1213c of this title.

(i) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge. (Amended 1959, No. 205, §§ 1, 2, eff. May 29, 1959; 1975, No. 25; 1981, No. 103, § 1; 1981, No. 229 (Adj. Sess.), § 3; 1989, No. 179 (Adj. Sess.), § 1, eff. May 14, 1989; 1991, No. 55, § 11; 1995, No. 21, § 1; 1997, No. 117 (Adj. Sess.), §§ 8, 22; 2003, No. 54, § 12; 2005, No. 167 (Adj. Sess.), § 2, eff. May 20, 2006.)