BURLINGTON, VT – Defense attorney Jordan Handy asked Judge Michael J. Harris – who eventually
agreed – to alter conditions of release for a man accused of careless or negligent operation of a vehicle
so that he could be allowed to drive, arguing that not being able to drive significantly affected the
man’s income.
The accused was arrested months ago after he allegedly reached speeds of more than 130 miles per
hour while driving after midnight on I-89. There were four passengers in the car, one of whom was not
wearing a seatbelt. The accused was not found to be intoxicated, and has an otherwise clean driving
and criminal record.
At the time of the hearing, the accused conditions of release allowed him to drive exclusively to and
from his job. However, defense attorney Handy argued, the accused is also reliant on work as a driver
for Instacart to supplement his income, and his inability to drive was costing him upwards of $200 per
week.
“He’s already lost $1,600,” Handy said, referring to the approximately eight weeks the conditions of
release had been in place, adding the accused had already completed a course on safe driving, and was
in the process of completing a diversion program.
Deputy State’s Attorney Alexandra Sturges claimed the accused’s behavior was excessively dangerous,
pointing out that he was accused of driving more than 70 miles per hour over the speed limit.
“It is a miracle that no misjudgment or error caused a horrific wreck at a speed that would certainly be
fatal,” said DSA Sturg, adding, “The state sees this no driving condition as an opportunity for him to
reflect.”
Defense attorney Handy countered the charge of careless or negligent driving, while serious, was not
as serious as a DUI/driving under the influence charge, noting all passengers had been adults and the
road had been mostly empty when the alleged incident occurred.
“Even on DUI number two, your honor, we often don’t require a driving ban,” said Handy. “It’s just
not consistent,” emphasizing this lack of consistency throughout the hearing, and disputing the state’s
claim that the accused posed a substantial risk to public safety when compared to someone charged
with DUI.
Judge Harris consulted with the accused about his work schedule and agreed to allow him to drive for
Instacart on specific days, as long as there were no passengers with him in the vehicle, but warned,
“My advice to you is to slow down.”
