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

Read about Vermont’s negligent operation laws and the consequences of a conviction.

Instead of "reckless driving," Vermont uses the term "negligent operation." This article explains how Vermont defines negligent operation and the specific penalties you'll face for a conviction.

What Is Considered "Negligent Operation" (Reckless Driving) in Vermont?

Negligent operation 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." (Vt. Stat. Ann. tit. 23, § 1091.)

Vermont's Negligent Operation (Reckless Driving) Penalties

The possible penalties of an ordinary negligent operation conviction are explained below.

Jail Time and Fines for Standard Negligent Operation in Vermont

A first ordinary negligent operation violation carries up to a year in jail and/or a maximum of $1,000 in fines.

Jail Time and Fines for 2nd or Subsequent Standard Negligent Operation in Vermont

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.

Jail Time and Fines for Negligent Operation Involving Injuries or Deaths in Vermont

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.

Jail Time and Fines for Gross Negligent Operation in Vermont

A first grossly negligent operation violation carries up to two years in jail and/or a maximum of $5,000 in fines.

Jail Time and Fines for 2nd or Subsequent Gross Negligent Operation in Vermont

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.

Jail Time and Fines for Gross Negligent Operation Involving Injuries or Deaths in Vermont

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.

Traffic Violation Points and License Suspension for Negligent Operation in Vermont

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.

Reducing a DUI to Reckless Driving in Vermont

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 a Vermont Defense 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.

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