Carpenter v. Vermont Department of Motor Vehicles

Pursuant to 23 V.S.A. § 1205(f), the commissioner of motor vehicles (commissioner) revoked plaintiff’s operator’s license for a six-year period, as a result of three alleged “refusals” to submit to breath tests. Following the receipt of the revocation notice, plaintiff instituted this action in superior court to challenge the revocation. V.R.C.P. 75. There being no dispute as to the facts, both the commissioner and plaintiff moved for summary judgment. V.R.C.P. 56. After reviewing the submitted memoranda, affidavits and oral arguments, the superior court granted the commissioner’s motion, and…