In Vermont, traffic violations are handled by the Judicial Bureau. The charging officer or State's Attorney files a complaint on a standard form that must include notice of the right to request a hearing and other instructions. A person charged can either accept the waiver penalty or request a hearing to contest the complaint. Hearings are scheduled and decided by appointed hearing officers under the Judicial Bureau process.
If the defendant does not respond, the Bureau may enter a default judgment after certain documentation is filed by the issuing officer or State's Attorney. State law also limits when officers may require posting collateral and requires personal recognizance to be accepted in many cases when a driver provides it at the time of citation.
Current Vermont law
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The deadline that matters
21 days from the date the complaint is issued to request a hearing or accept penalties.
What Vermont law says
Traffic violations are processed in the Judicial Bureau under the procedures of 4 V.S.A. chapter 29 and related rules. The complaint is filed on a court-approved summons and must include a statement of rights and instructions, and the defendant has 21 days to request a hearing or accept penalties, under Vt. Stat. Ann. tit. 4, § 1105. Traffic violations are specifically assigned to the Judicial Bureau under Vt. Stat. Ann. tit. 23, § 2305. Hearing officers are appointed from members of the Vermont Bar, who are subject to the Code of Judicial Conduct, under Vt. Stat. Ann. tit. 4, § 1104. When issuing a citation, officers generally must accept personal recognizance rather than require collateral, and the statute describes reporting and transmission rules for failures to comply, under Vt. Stat. Ann. tit. 23, § 3554. Notices of hearings by a hearing officer or the Commissioner must state time and place and be sent at least five days before the hearing to the address given by the petitioner, under Vt. Stat. Ann. tit. 23, § 107.
What to do
A common first step is to read the complaint form carefully to find the instructions and the deadline to request a hearing.
A common next step is to indicate on the complaint that the allegations are denied and request a hearing, which the Judicial Bureau will then schedule.
Some people choose to submit a written plea or contest letter to the Bureau before the hearing to state their position.
If no response is filed within the allowed time, the Bureau may enter a default judgment after the issuing officer files the required declaration; avoiding default is a common concern.
If personal recognizance was offered at the time of citation, a common step is to check whether collateral was required in violation of the statutory rule on citations.
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Common questions
What happens if I do nothing after getting a traffic complaint?
If a person fails to appear or answer a complaint, the Judicial Bureau may enter a default judgment, but no default judgment shall be entered until the issuing officer or State's Attorney files a declaration under penalty of perjury setting forth required facts, under Vt. Stat. Ann. tit. 4, § 1105.
Can I pay the ticket instead of asking for a hearing?
Yes, a person may accept the penalties by signing the complaint or by sending payment of the waiver penalty; the Bureau will treat payment as an indication the allegations were not contested, under Vt. Stat. Ann. tit. 4, § 1105.
Who hears traffic cases in Vermont?
Traffic violations are heard by the Judicial Bureau, and hearing officers are appointed from the Vermont Bar by the Chief Superior Judge and are subject to the Code of Judicial Conduct, under Vt. Stat. Ann. tit. 23, § 2305 and Vt. Stat. Ann. tit. 4, § 1104.
Was I allowed to be required to post money when cited?
When issuing a traffic citation, an officer should accept a motorist's personal recognizance rather than require collateral if the motorist provides it, except where personal recognizance is prohibited by law; these rules are in Vt. Stat. Ann. tit. 23, § 3554.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
