Old DUI Case Set for Trial after Accused Failed to Take Training Course; Judge Not Impressed with Defense Arguments

PC: www.chittendencountycourt.org

By Jojo Kofman

BURLINGTON, VT – A two-year-old DUI (driving under the influence) case was set for jury trial this week in Chittenden County Superior Court, Vermont, because the accused didn’t take the state-issued online training course.

Deputy Public Defender Christopher C. Moll argued the accused couldn’t complete the DUI training state issued course needed to dismiss his DUI charge because of his “work schedule and lack of internet access.”

Judge John L. Pacht stated the accused wasn’t present in court, and then proceeded to ask PD Moll what efforts he made to contact the accused in the last few days. He asked, “Are you sure he would’ve known about this court date?”

PD Moll admitted, “I didn’t call him in the last few days to remind him of this court date, which was probably my mistake.”

Judge John L. Pacht asked PD Moll if he had the accused’s phone number, explaining that if he didn’t, the court would have to issue cash bail.

PD Moll admitted he did not have the accused’s number, adding that “the state (prosecution) is continuing to cling on to him taking the state driving course.”

Judge Pacht then clarified that this case was a two-year-old DUI with a low alcohol blood level, stating, “I don’t understand why (the accused) can’t do the state driving course…”

“I have tried to get (the accused) to do it, but he has limited internet access and can’t get it done,” responded PD Moll.

Judge Pacht answered, “Okay, we’ll put it on for jury trial…it’ll take half a day is my guess,” noting, “I can’t imagine he won’t be there.”

He then said, “I want to get both parties in here to see why (the accused) can’t do the driving course…I want to get this case moving.”


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