Speeding Tickets in Vermont
Fighting a Speeding Ticket in Vermont
Vermont Points Fines Ė Reciprocity and Other Issues
The three primary types of speed limits are absolute speed limits, presumed speed limits, and basic speed limits. In the case of absolutes speed limits, a speeding violation may be issued if the driver was driving at a rate of speed greater speed than the one posted. The state must prove that the driverís speed was greater than the posted limit. In a state that utilizes presumed speed limits, a driver is presumed to be breaking the law by going above the posted speed limit, but the driver may attempt prove that he or she was going at a safe speed for road and traffic conditions. The state must prove that the driverís speed was unreasonable under the circumstances. In addition to an absolute or presumed speed law, states may also employ a basic speed law. Under basic speed law, drivers can be charged with violation even if the driverís speed was below the posted limit.
Vermont speed law is both an absolute speed law and a basic speed law. Under basic speed law in Vermont, a driver must be reasonable and prudent under the conditions. It is possible, therefore, for a driver to receive a violation for driving below the posted limit if such speed is not reasonable or prudent. For example, in especially foggy weather conditions, it may be more reasonable or prudent that a person not exceed 35 mph in an area where the posted limit is 65 mph. A driver in that situation traveling at 45 mph may receive a violation under basic speed law.
Absolute speed law in Vermont makes it unlawful for a driver to exceed the maximum speed posted on the roadway. The highest maximum speed in Vermont is 65 miles per hour. Vermontís statutory speed limit is 50 miles per hour, which can be altered by local speed limits or interstate highway limits formed by the state traffic committee.
Elements of a Speeding Citation in Vermont
The elements of a speeding citation in Vermont are either (1) the driverís speed exceeded the limit posted or (2) the driverís speed was greater than was reasonable and prudent under the conditions. In addition, it must be shown that accused was the driver operating the vehicle and that the stopped vehicle was the actual vehicle traveling at the excessive speed.