VT man arrested for "grossly negligent operation" of a motor vehicle.  What happened?

Police in Vermont arrested a man over the weekend who they say was unable to navigate a turn because he was driving under the influence and at a ridiculously unsafe speed.  Eventually, the impaired man would crash his car, only to be arrested and charged moments later.

Photo: Rutland Vermont Spotlight
Kelly Berg, Rutland VT

According to a report from Rutland Vermont Spotlight, shortly after midnight on Sunday morning January 15, Troopers from the Vermont State Police Rutland Barracks observed a vehicle traveling westbound on US 4 at approximately 120 mph.

While attempting to navigate a corner, State Police say that Kelly Berg, the operator of the vehicle, lost control and crashed.

Photo: Google Maps
Route 4 in Rutland VT

His injuries were minor, but his negligence wasn't, and Berg is lucky he only injured himself.

According to the report, when Troopers got to his crashed car, "signs of impairment" were observed and Berg was given a Standardized Field Sobriety Test.  He was taken into custody for driving under the influence and grossly negligent operation.

What is considered "grossly negligent' when it comes to the VT State law?

The law states that in "gross negligence cases," the defendant’s behavior must show, “failure to use even slight care or conduct that is so careless as to show com­plete disregard for the rights and safety of others.”

According to the police report, Berg was "first transported to Rutland Regional Medical Center for minor injuries and subsequently to the Vermont State Police Rutland Barracks for processing and later released on a citation to appear in Rutland County Superior Court, Criminal Division to answer for the charge of DUI and grossly negligent operation."

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