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  1. #1
    Join Date
    Jul 2010
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    2

    Default Implied Police Permission

    My question involves criminal law for the state of: Vermont

    Is implied permission by one police department an affirmative defense against being charged by another police department for the same activity?

    I ride a motorized bicycle. I have been riding this motorized bike for two years and have been witnessed hundreds of times by the police department of the city where I live. I have had direct contact with the city police numerous times riding this bike and have been allowed to continue to ride it.
    I was recently stopped by a state police officer and was given a criminal DLS citation. I was arraigned yesterday.
    If one police department interpreting one statute allows me to ride the motorized bike, how can I be prosecuted by another police department interpreting the same statute differently?

  2. #2
    Join Date
    Jul 2010
    Posts
    2,536

    Default Re: Implied Police Permission

    One department was choosing not to enforce it, the other chose to enforce it. Were you perhaps on a highway that your conveyance was not allowed on?

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Implied Police Permission

    I was stopped by a state police officer while traveling a city street that I regularly ride my motorized bike on.

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