The Vermont Supreme Court has dismissed a DUI charge against Hutchins that was brought by the Brandon police and confirmed by the lower courts. According to the court filings, Hutchins was pulled over by Corporal David Butterfield and Officer Michael Winkler soon after he crossed the intersection at Park Street, Country Club Road, and Smalley Road on July 12th, 2012.
They had started following his car after a routine check of the records showed that one of the owners of the car had a suspended driving license. The car was pulled over because the police officials said that Hutchins did not signal his intent to turn 100 feet before he made a turn.
Appeal Based on Wrongful Stopping
Hutchins had appealed his DUI conviction asking for the suppression of evidence saying the stop of his car was improper. The lower court however ruled that the officers had the right to stop his car as he had violated the turn signal rule. It did not matter if they did though right, one person had a suspended driver’s license. Why is this not enough to pull the car over and to see if everything is OK?
The Vermont Supreme Court found that the law mandates signaling before a turn but an aerial photo of the roads involved shows that the road curves naturally and so signaling was not necessary. The point before the Supreme Court was the fact that no signaling was needed and as such the stop was not necessary. This means that any evidence collected by the police during the stop had to be suppressed. With this the DUI case against Hutchins cannot be tried since there would be no evidence that he was driving under the influence.
Apparently in Vermont you have to wait until a DUI driver destroys someone’s life before you can pull them over and talk to them.
DUI Laws in Vermont
DUI laws in Vermont mandate a suspension of the driving license for those found driving while under the influence or with blood alcohol counts of more than 0.08 percent if they are over the age of 21. The laws of Vermont also ensure that drivers who refuse to undergo a BAC test will also have their driving license suspended for six months automatically.
Suppression of Evidence
If you or a dear one has been arrested for a DUI, you need to immediately retain the services of a lawyer. One of the few ways in which such a conviction can be contested is by getting the evidence against the driver suppressed because it was collected in an improper manner. This could be if the driver was wrongly stopped or if the BAC was administered improperly.
Experienced DUI Attorney
An experienced DUI attorney will examine all the circumstances of the case against you and the evidence against you and decide on the best course of action. If even some of the evidence for the DUI charge can be suppressed, then the prosecution will have to either reduce the charge or drop the case entirely.
Since a DUI conviction can have long term consequences such as suspension of driving license, increase in insurance premiums, fines, and so on, you need to acquire the help of a skilled DUI defense attorney to help defend you against the DUI charge and minimize the penalties you will face.