VT MV penalty license suspensions
| Submitted | June 4, 2021 |
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Communications
From: Emily Corwin
To Whom It May Concern:
Pursuant to the Vermont Public Records Act, I hereby request the following records:
All communications regarding the suspension of any license, permit, privilege or registration under Vt. Stat. Ann. tit. 4 § 1109 between 1/1/2018 and 1/1/2021.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.
Sincerely,
Emily Corwin
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Vermont Public Records Act request, copied below, and originally submitted on June 4, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Motor Vehicles
Good Afternoon,
Pursuant to 1 V.S.A. § 318(a)(5), "the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request", and "the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request", the Department of Motor Vehicles will respond to your public records request as soon as possible, but not later than June 18, 2021. The response will include an estimate of fees based upon 1 V.S.A. § 316(d).
Shannon Fassett | Section Manager
Vermont Department of Motor Vehicles
120 State St | Montpelier, VT 05603
802-828-2066 office | 802-828-2170 fax
dmv.vermont.gov
[cid:image001.png@01D75D40.6FC572A0]
This is our shot, Vermont! Everyone age 12 and older is now eligible for a COVID-19 vaccine. Sign up for your shot today at healthvermont.gov/MyVaccine<https://healthvermont.gov/MyVaccine> or follow @healthvermont on Facebook<https://www.facebook.com/HealthVermont/> and Twitter<https://www.twitter.com/healthvermont/> for walk-in opportunities. #OurShotVT
From: Department of Motor Vehicles
Good Afternoon,
The DMV certifies there are no such records. Additionally, the DMV suggests making this request of the Vermont Judicial Bureau.
Shannon Fassett | Section Manager
Vermont Department of Motor Vehicles
120 State St | Montpelier, VT 05603
802-828-2066 office | 802-828-2170 fax
dmv.vermont.gov
[cid:image001.png@01D76446.417C4330]
This is our shot, Vermont! Everyone age 12 and older is now eligible for a COVID-19 vaccine. Sign up for your shot today at healthvermont.gov/MyVaccine<https://healthvermont.gov/MyVaccine> or follow @healthvermont on Facebook<https://www.facebook.com/HealthVermont/> and Twitter<https://www.twitter.com/healthvermont/> for walk-in opportunities. #OurShotVT
From: Emily Corwin
Hi Shannon,
Many thanks for this response. I just gave you a ring but it sounds like you are out. I'm wonder if you might give me more insight into why the Judiciary might have responsive documents if the DMV does not. Should I interpret the lack of responsive documents as an indication that the state of Vermont has not pursued any suspensions under this statute in the specified years? Or that the Judiciary executes those suspensions without communicating with the DMV?
Happy to chat by phone if you prefer: 802 233 4992.
Many thanks,
Emily Corwin
From: Department of Motor Vehicles
Good Afternoon,
I have to apologize for this one. I was supposed to send a message similar to the first one outlining the number of records and the estimated pricing (which seems to be even bigger than the other public record request). However, considering the narrowing of the other request, it seems like you might only be looking for totals. Would you please navigate this link to see if it is more reflective of the data you’re looking for (for both requests)?: https://legislature.vermont.gov/assets/Legislative-Reports/Act-147-Sec-23-2016-Annual-Suspension-Statistics-Report-Calendar-Year-2019.pdf
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~WRD0804
From: Emily Corwin
Hi Shannon,
This is quite helpful! Thank you. I have the following questions. Feel free to give me a ring at 802 233 4992.
- I would like to know how many of the following counts are intoxication-related vs. diversion-related. I don't want to ask you to do unnecessary work because I've failed to ask the right questions (like I did before!). Do you have any suggestions for data or records requests that might be a lighter lift for you and help me answer this question?
F. 7 V.S.A. § 656 (underage alcohol violation; failure to report to or complete Diversion): 207
G. 18 V.S.A. § 4230b(underage marijuana violation; failure to report to or complete Diversion): 72
- Can you recommend someone in your division who could help me understand the circumstances under which 3,000+ people had their licenses suspended for nonpayment of traffic violations in 2019, despite the fact that Act 147 "eliminated the use of license suspensions as an incentive to pay traffic fines" ?
Many thanks,
Emily
From: Department of Motor Vehicles
You’re welcome. I’m afraid that I’m not the expert when it comes to Driver Improvement procedure, so I have inquired about whom it is that should call you back. Once they can discuss with you the below, I may be then able to come up with totals (how many of this conviction code for this time period, for example)
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~WRD0003
From: Emily Corwin
Many thanks, Shannon.
From: Department of Motor Vehicles
This is what I received from the Driver Improvement Unit. Please let me know if you have further questions.
Sounds like they just want to know why so many people were suspended in 2019 for FAF after ACT 147. These are the stats I have from that program. There were only 285 people who applied for it.
TOTAL
707
285
1594
129
858
692
Date
VJB Inquires
Agreements Received
Compliance Received
Records Reinstated
Suspensions Made Eligible
Suspensions Reinstated
According to Act 147 in 2016, the Drivers’ restoration program ran from 09-01-16 to 11-30-16. The program targeted suspensions that arose from non-payment of fines to the Vermont Judicial Bureau. If there were alcohol violations on the record or other non VJB violations, the record would not have been reinstated due to not all of the requirements being met. During the program, a person who had not paid the fine amounts to the VJB for judgments entered before 07-01-12 was eligible to apply to have the fine amount reduced and the reinstatement fee waived.
The suspensions for nonpayment in 2019, could have been for people who did not have judgments entered before 07-01-12.
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~WRD0003