§ 1212. Conditions of release and parole; arrest upon violation

(a) At the first appearance before a judicial officer of a person charged with violation of section 1201 of this title, the Court, upon a plea of not guilty, shall consider whether to establish conditions of release. Those conditions may include a requirement that the defendant not operate a motor vehicle if there is a likelihood that the defendant will operate a motor vehicle in violation of section 1201 or 1213 of this title. The Court may consider all relevant evidence, including whether the defendant has a motor vehicle or criminal record indicating prior convictions for one or more alcohol-related offenses. Prior convictions may be established for this purpose by a noncertified photocopy of a motor vehicle record, a computer printout, or an affidavit. Nothing in this section limits the authority of a judicial officer to impose other conditions of release, nor does it limit or modify other statutory provisions concerning license suspension or revocation or the right of a person to operate a motor vehicle.

(b) A court which requires as a condition of release that a defendant not operate a motor vehicle shall so notify the Commissioner of Motor Vehicles. The Commissioner shall take suitable steps to assure that this information is available to law enforcement officers. The Court shall promptly advise the Commissioner of any modification of this condition of release and of the termination of proceedings.

(c) A law enforcement officer who observes a person violating a condition of release requiring that he or she not operate a motor vehicle may promptly arrest the person for violating a condition of bail and shall bring the person before the nearest available judicial officer without unnecessary delay. A law enforcement officer who otherwise has probable cause to believe that a person has violated a condition of release requiring that he or she not operate a motor vehicle shall promptly notify a prosecuting officer.

(d) A law enforcement officer who observes a person violating a condition of parole requiring that the person not operate a motor vehicle may promptly arrest the person for violating the condition and may detain the person pursuant to 28 V.S.A. § 551. The officer may immobilize the vehicle and shall immediately notify the Parole Board of the suspected violation. If the Parole Board determines pursuant to 28 V.S.A. § 552 that a parole violation has occurred, the Board shall notify the State's Attorney in the county where the violation occurred, who may institute forfeiture proceedings against the vehicle under section 1213c of this title. (Added 1983, No. 134 (Adj. Sess.), § 1; amended 2009, No. 126 (Adj. Sess.), § 8, eff. July 1, 2011; 2011, No. 56, § 11, eff. May 31, 2011.)