Vermont's Negligent Operation (Reckless Driving) Laws and Penalties

Instead of "reckless driving," Vermont uses the term "negligent operation." The offense is divided into two types that carry different penalties: ordinary negligent operation and grossly negligent operation.

The difference between ordinary and grossly negligent operation is a matter of degree. A person can be convicted of ordinary negligent operation by failing to "exercise ordinary care" while driving. A grossly negligent operation conviction, on the other hand, requires proof that the motorist's driving amounted to a "gross deviation from the care that a reasonable person would have exercised."

Negligent Operation Penalties

The possible penalties of an ordinary negligent operation conviction are:

• First ordinary negligent operation. A first ordinary negligent operation violation carries up to a year in jail and/or a maximum of $1,000 in fines.
• Second or subsequent ordinary negligent operation. For a second or subsequent ordinary negligent operation conviction, the motorist is looking at up to two years in jail and/or a maximum of $3,000 in fines.
• Ordinary negligent operation involving death or injuries. An ordinary negligent operation offender who causes death or "serious bodily injury" to another person faces up to two years in jail and/or a maximum of $3,000 in fines. And the offender can be convicted of a separate violation for each person injured or killed.

For a grossly negligent operation violation, the consequences are more severe. The possible penalties for a conviction include:

• First grossly negligent operation. A first grossly negligent operation violation carries up to two years in jail and/or a maximum of $5,000 in fines.
• Second or subsequent grossly negligent operation. For a second or subsequent grossly negligent operation conviction, the motorist is looking at up to four years in jail and/or a maximum of $10,000 in fines.
• Grossly negligent operation involving death or injuries. A grossly negligent operation offender who causes death or "serious bodily injury" to another person faces up to 15 years in jail and/or a maximum of $15,000 in fines. And the offender can be convicted of a separate violation for each person injured or killed.

A negligent operation conviction will also add ten demerit points to the motorist's driving record. The motorist's driver's license will be suspended for 30 days for a first offense, 90 days on a second offense, and six months for a third violation.

Reckless Driving and DUI Charges ("Wet Reckless")

In some states, it's possible for a driver who's charged with driving under the influence (DUI), to "plea bargain" for a lesser charge. When a DUI is plea-bargained down to a reckless driving (or negligent operation) charge, it's sometimes called a "wet reckless."

Vermont law doesn't prohibit plea bargaining in DUI cases. So, for someone who's accused of driving under the influence in Vermont, plea bargaining for a negligent operation charge is a possibility.

Talk to an Attorney

The facts of every case are different. If you've been arrested for or charged with negligent operation, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.