§ 4122 — Deferring imposition of sentence; prohibition on masking or diversion

(a) No court, State’s Attorney, or law enforcement officer may utilize the provisions of 13 V.S.A. § 7041 or any other program to defer imposition of sentence or judgment if the defendant holds a commercial driver’s license, commercial learner’s permit, or was operating a commercial motor vehicle when the violation occurred and is charged with violating any State or local traffic law other than parking, vehicle weight, or vehicle defect violations.
(b) In accordance with 49 C.F.R. § 384.226, no court, State’s Attorney, or law enforcement officer may mask or allow an individual to enter into a diversion program that would prevent a commercial learner’s permit holder’s or commercial driver’s license holder’s conviction for any violation, in any type of motor vehicle, of a state or local traffic control law other than parking, vehicle weight, or vehicle defect violations from appearing on the Commercial Driver’s License Information System (CDLIS) driver record. (Added 2005, No. 37, § 11; amended 2019, No. 131 (Adj. Sess.), § 254; 2023, No. 165 (Adj. Sess.), § 33, eff. July 1, 2024; 2025, No. 66, § 12, eff. July 1, 2025.)