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State v. Morse

Supreme Court of Vermont
Jan 16, 1990
572 A.2d 1342 (Vt. 1990)

Summary

speeding conviction reversed where city clerk was unable to rebut defendant's " ‘competent evidence’ " showing no engineering study was done to establish speed limit as required by statute

Summary of this case from Vill. of Mount Prospect v. Kurtev

Opinion

No. 89-006

January 16, 1990.

Appeal from District Court of Vermont, Unit No. 2, Chittenden Circuit.


Defendant appeals a speeding conviction, claiming that the ordinance imposing the relevant speed limit was not based on "an engineering and traffic investigation," as required by 23 V.S.A. § 1007. In addition to offering his own testimony that he was unable to locate any traffic or engineering surveys for the area in question, defendant subpoenaed the South Burlington Assistant City Clerk, who testified that she was unable to produce the surveys. Such testimony constituted "competent evidence tending to show a lack of strict compliance with statutory procedures," and, therefore, was sufficient to compel the State to come forward with additional evidence of validity of the ordinance. See State v. Page, 142 Vt. 522, 524-25, 457 A.2d 653, 654-55 (1983) (citing Town of Waterford v. Pike Industries, Inc., 135 Vt. 193, 196, 373 A.2d 528, 530 (1977)). Inasmuch as the evidence was not forthcoming, the State has failed to meet its burden of proof and the conviction must be reversed.

Reversed.


Summaries of

State v. Morse

Supreme Court of Vermont
Jan 16, 1990
572 A.2d 1342 (Vt. 1990)

speeding conviction reversed where city clerk was unable to rebut defendant's " ‘competent evidence’ " showing no engineering study was done to establish speed limit as required by statute

Summary of this case from Vill. of Mount Prospect v. Kurtev

speeding conviction reversed where city clerk was unable to rebut defendant's "competent evidence" showing no engineering study was done to establish speed limit as required by statute

Summary of this case from Vill. of Mount Prospect v. Kurtev
Case details for

State v. Morse

Case Details

Full title:STATE of Vermont v. Thomas J. MORSE

Court:Supreme Court of Vermont

Date published: Jan 16, 1990

Citations

572 A.2d 1342 (Vt. 1990)
153 Vt. 651

Citing Cases

Vill. of Mount Prospect v. Kurtev

Rather, they establish that, if the driver/defendant presents or elicits competent evidence that a speed…

Vill. of Mount Prospect v. Kurtev

Rather, they establish that, if the driver/defendant presents or elicits competent evidence that a speed…