Vermont DUI appeal moot after sentence served
In In re Paul Collette, decided on December 12, 2008, the Supreme Court of Vermont has thrown out a DUI convict’s petition for post conviction relief as moot because the petitioner’s sentence was completed and he was discharged from probation prior to the decision being rendered, thereby making the post conviction relief petition moot.
Vermont’s Logic:
That the court had jurisdiction when the PCR was filed does not mean the action was not moot when the trial court considered the motion to dismiss. An action "becomes moot when the issues presented are no longer live or the parties lack a legally cognizable interest in the outcome." State v. Lee, 2007 VT 7, 10, 181 Vt. 605, 924 A.2d 81 (mem.). In this regard, the trial court correctly observed that it was obvious there was no relief left to be ordered: assuming the 1992 plea of guilty to DUI-1 was assailable procedurally, petitioner was no longer subject to any enhanced sentenced that could be corrected by court order. Regardless of § 7131 jurisdiction over the subject matter of PCR, the trial court also correctly observed that it could not reverse time and undo a sentence that had already passed. As determined by the trial court, the PCR petition was moot.
My Comments: There are a number of reasons who a person convicted of DUI would want to pursue a dismissal even after completing the sentence. The collateral consequences of a DUI conviction often follow a person for much longer than their sentence. The following are only a few of the reason why I think this opinion got it wrong and the issue is not moot even though there is no more sentence to be served:
- Civil license suspension implications often dog a person convicted of DWI for years;
- Ignition interlock device requirements;
- Employment implications (much harder to find a job with a DUI on your record);
- Immigration consequences;
- Civil rights consequences (in the case of felony DUI cases)
I believe that an otherwise meritorious claim of post conviction relief should not expire upon discharge of probation or sentence as there is a real interest at stake in the litigation.
http://www.duilawblog.com/admin/trackback/100571
