State's Attorney for a Day: Traffic Violation

Every day, state's attorneys are charged with making life-altering decisions. What would you do when faced with these kinds of decisions, and what impact might those choices have on everyday Vermonters' lives?

Case 2: A 30 year old woman on an unregistered motorcycle refused to stop after an officer put on his flashing lights. She was speeding and ran two stop signs in a residential neighborhood, but no cars were present. Although she lost the officer at one point, she returned with her motorcycle to speak with the officer. She is arrested for eluding an officer. The woman has had several engagements with police in the past, but has repeatedly been exonerated. She feels like police are always hassling her without cause.

What would you do with this case? 

A: Charge the woman with eluding an officer in a negligent or grossly negligent manner (2) – maximum five-year sentence and/or fine of $1,000.

A.A: Charge the woman with eluding an officer in a negligent or grossly negligent manner (2) – maximum five-year sentence and/or fine of $1,000.

A.

Charging the highest possible crime prevents the quick resolution of criminal cases, costing more to the taxpayer, and scaring individual defendants into pleading guilty to a lesser charge even when they are innocent.

B: Charge the woman with eluding an officer (1) – maximum one year sentence and fine of maximum $1,000.

A.B: Charge the woman with eluding an officer (1) – maximum one year sentence and fine of maximum $1,000.

A.

With such charges, the woman will have a criminal record making it very difficult to get a job, receive housing assistance, or apply for loans. Charging a person also makes it more likely that they will be jailed pretrial, will be forced to plead guilty to be released, and will have a longstanding criminal record.

C: Not charge it because she returned to the officer in the end.

A.C: Not charge it because she returned to the officer in the end.

A.

Where there was no impact on public safety, no injuries, and the woman returned to the officer, continuing this case serves no purpose other than to punish. And, with limited resources, prosecuting this case means prosecutors cannot focus their attention on more serious crime. Pre-charge, the case could be referred to diversion or restorative justice.

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