The officer shall also inquire whether the operator is currently on active duty in the armed forces.
The Commissioner shall notify the court having venue forthwith of a request for hearing.
For good cause shown, the court may allow a request for hearing to be filed out of time and may stay or vacate the Commissioner's suspension of license when good cause for the late request has been shown.
At the preliminary hearing the State and the defendant shall each make available for inspection all nonprivileged information and written statements in their possession and control concerning the evidentiary test or tests, relation back, or other matters to be contested at the hearing on the merits, including without limitation the police report, expert witnesses' reports, processing forms, affidavit, breath test results, police notes and the names and addresses of witnesses, except that evidence the defendant does not intend to use at the hearing need not be disclosed by the defendant. A copy of a videotape made of the alleged offense and subsequent processing shall be available for purchase by the defendant directly from the law enforcement agency responsible for initiating the action upon written request and advance payment of a $45.00 fee, except that no fee shall be charged to a defendant whom the court has determined to be indigent. The fees collected for videotapes sold under this rule shall be allocated in the manner prescribed by Rule 16 of the Vermont Rules of Criminal Procedure. Discoverable evidence not known at the time of the preliminary hearing shall be disclosed to the party immediately when it becomes known. Failure to provide discovery in accordance with this paragraph may be subject to appropriate sanctions in the discretion of the court, which may include preclusion of any witness or evidence not timely disclosed.
A defendant to whom notice of suspension has been delivered or mailed shall appear by counsel or pro se at the preliminary hearing unless, prior to the hearing, the district court in the exercise of its discretion grants a request for waiver of the preliminary hearing. The request for waiver may be granted only if supported by affidavit establishing hardship and setting forth a telephone number at which the person may be contacted during business hours to be informed of the court's ruling.
At the preliminary hearing the court shall ensure that the required disclosure has occurred, provide the defendant with an explanation of the procedures to be followed at the hearing on the merits, determine whether the defendant continues to seek a hearing on the merits, and, if so, schedule the hearing to be held within 21 days of the date of the preliminary hearing and not more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown.
In extraordinary circumstances, the court may authorize use of discovery pursuant to these rules in addition to that set forth in this subdivision, but subject to the time constraints of this rule.
Judgment entered by reason of failure to appear may be set aside for good cause shown.
Vt. R. Civ. P. 80.5
Reporter's Notes-2021 Amendment
Rule 80.5(e) is amended to reflect the fact that 23 V.S.A. § 1203(k), as amended by 2007, No. 153 (Adj. Sess.), § 2, now provides that in DUI cases the fee for video reproduction is $45.00.
Reporter's Notes-2018 Amendment
The title of Rule 80.5 and the language of Rule 80.5(a) are amended to reflect the redesignation of the former district court as the criminal division of the superior court by Act No. 154 of 2009 (Adj. Sess.), § 237(b)(3) (effective July 1, 2010). Rule 80.5(i) is amended consistent with the simultaneous "day is a day" amendments to V.R.C.P. 6.