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Searching 2017-2018 Session

The Vermont Statutes Online

Title 23 : Motor Vehicles

Chapter 013 : OPERATION OF VEHICLES

Subchapter 011 : MISCELLANEOUS RULES

(Cite as: 23 V.S.A. § 1133)
  • § 1133. Eluding a police officer

    (a) No operator of a motor vehicle shall fail to bring his or her vehicle to a stop when signaled to do so by an enforcement officer:

    (1) displaying insignia identifying him or her as such; or

    (2) operating a law enforcement vehicle sounding a siren and displaying a flashing blue or blue and white signal lamp.

    (b)(1) A person who violates subsection (a) of this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

    (2) A person who violates subsection (a) of this section while operating a vehicle in a negligent or grossly negligent manner in violation of section 1091 of this title shall be imprisoned for not more than five years or fined not more than $1,000.00, or both.

    (3)(A) In the event that serious bodily injury to any person other than the operator is proximately caused by the operator's knowing violation of subsection (a) of this section, the operator shall be imprisoned for not more than 15 years or fined not more than $5,000.00, or both.

    (B) If serious bodily injury to more than one person other than the operator is proximately caused by the operator's knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent or person injured.

    (4)(A) In the event that death to any person other than the operator is proximately caused by the operator's knowing violation of subsection (a) of this section, the operator shall be imprisoned for not less than one year nor more than 15 years or fined not more than $10,000.00, or both.

    (B) If death to more than one person other than the operator is proximately caused by the operator's knowing violation of subsection (a) of this section, the operator may be convicted of a separate violation of this subdivision for each decedent.

    (c) In a prosecution under this section, the operator may raise as an affirmative defense, to be proven by a preponderance of the evidence, that the operator brought his or her vehicle to a stop in a manner, time, and distance that was reasonable under the circumstances.

    (d) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

    (e) As used in this section:

    (1) "Operator" includes an operator who, after being signaled to stop under subsection (a) of this section, leaves the vehicle and attempts to elude the officer by other means.

    (2) "Serious bodily injury" has the meaning defined in 13 V.S.A. § 1021. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1997, No. 117 (Adj. Sess.), § 26; 2003, No. 47, § 1; 2007, No. 195 (Adj. Sess.), § 3; 2011, No. 42.)