Vermont § 1091 - Negligent operation; grossly negligent operation

§ 1091. Negligent operation; grossly negligent operation

• (a) Negligent operation. (1) A person who operates a motor vehicle on a public highway in a negligent manner shall
  be guilty of negligent operation. (2) The standard for a conviction for negligent operation in violation of this subsection
  shall be ordinary negligence, examining whether the person breached a duty to exercise
  ordinary care. (3) A person who violates this subsection shall be imprisoned not more than one year or
  fined not more than $1,000.00, or both. If the person has been previously convicted
  of a violation of this subsection, the person shall be imprisoned not more than two
  years or fined not more than $3,000.00, or both. If serious bodily injury to or death
  of any person other than the operator results, the operator shall be subject to imprisonment
  for not more than two years or to a fine of not more than $3,000.00, or both. If serious
  bodily injury or death results to more than one person other than the operator, the
  operator may be convicted of a separate violation of this subdivision for each decedent
  or person injured. (b) Grossly negligent operation. (1) A person who operates a motor vehicle on a public highway in a grossly negligent manner
  shall be guilty of grossly negligent operation. (2) The standard for a conviction for grossly negligent operation in violation of this
  subsection shall be gross negligence, examining whether the person engaged in conduct
  that involved a gross deviation from the care that a reasonable person would have
  exercised in that situation. (3) A person who violates this subsection shall be imprisoned not more than two years
  or fined not more than $5,000.00, or both. If the person has previously been convicted
  of a violation of this section, the person shall be imprisoned not more than four
  years or fined not more than $10,000.00, or both. If serious bodily injury to or death
  of any person other than the operator results, the operator shall be imprisoned for
  not more than 15 years or fined not more than $15,000.00, or both. If serious bodily
  injury or death results to more than one person other than the operator, the operator
  may be convicted of a separate violation of this subdivision for each decedent or
  person injured. (c) Prosecution for manslaughter. The provisions of this section do not limit or restrict the prosecution for manslaughter. (d) Surcharge. A person convicted of violating subsection (b) of 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. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1981, No. 220 (Adj. Sess.); 1991, No. 55, § 16; 1995, No. 21, § 4; 1995, No. 151 (Adj. Sess.), § 2; 1997, No. 117 (Adj. Sess.), § 23; 2007, No. 195 (Adj. Sess.), § 2; 2015, No. 153 (Adj. Sess.), § 38; 2019, No. 131 (Adj. Sess.), § 179.)