Vermont Judicial Bureau De Novo Hearing
Vermont parking and other civil traffic violations are processed by the Vermont Judicial Bureau (4 V.S.A. ch. 29). A defendant has the right to deny the violation in writing and demand a hearing. The hearing is de novo — the State must prove the violation by clear and convincing evidence (a higher standard than the preponderance used in NH and most states). The Bureau permits introduction of documentary evidence, witness testimony, and cross-examination of the issuing officer. If the officer fails to appear, the violation is dismissed. Many municipalities (Burlington, Rutland, Montpelier) decline to litigate small parking matters at this elevated burden.
Legal basis
4 V.S.A. ch. 29 (Vermont Judicial Bureau); 4 V.S.A. §1102 (jurisdiction); 4 V.S.A. §1105 (procedure)
Sample appeal wording
[DATE] Vermont Judicial Bureau PO Box 607 Burlington, VT 05402 Re: Civil Violation Complaint #[NUMBER] Dear Clerk: I hereby DENY the civil violation cited in #[NUMBER] issued [DATE] at [LOCATION] by [Issuing Authority]. Under 4 V.S.A. §1105 I demand a HEARING before a hearing officer. I anticipate calling the issuing officer and introducing documentary evidence including [photographs / receipts / witness statements / meter audit logs]. I further request, under 4 V.S.A. §1106 and Vermont Rules of Civil Procedure, the production of: 1. The officer's field notes; 2. Any photographs taken by the officer's device; 3. Meter audit logs for the location, [4 hours surrounding violation]; 4. Sign maintenance records for the cited block, [3 years preceding]; 5. The officer's training records on the cited offense. I reserve all defenses. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 4 V.S.A. ch. 29
- Vermont Judicial Bureau — vermontjudiciary.org/judicial-bureau