Posts tagged with "moped"

The Prosecutor’s Job in a DUI Case: Demonstrate the Defendant was Intoxicated, Not Educate the Jury About Field Sobriety Tests

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Last March, the Appellate Court of Connecticut reviewed a defendant’s insufficiency of the evidence claim as it related to his recent conviction of operating a motor vehicle while under the influence (OMVUI) of alcohol.

Case Details

This case arose from an incident that occurred at approximately 9pm on August 20, 2006. Police officers saw the defendant driving his moped on Route 12, a public roadway, in an erratic manner. After officers initiated a traffic stop, they made the following observations of the defendant: bloodshot glassy eyes, the smell of liquor, and disheveled clothing. When asked for his driver’s license, the defendant stated, “[y]ou don’t need a license to operate a moped… give me a break, I just got out on a DWI offense,” and indicated he should not have been driving.

The defendant became uncooperative with the officers, was unable to complete one field sobriety test, and refused to undergo other field tests and a breathalyzer test. The defendant was charged and convicted of OMVUI and operating a motor vehicle with a suspended license in violation of General Statutes §§ 14-227a and 14-215(c), respectively. On appeal, the defendant argued that the evidence presented by the State was insufficient to sustain his conviction for OMVUI.

To be found guilty of OMVUI, the state must prove beyond a reasonable doubt that the defendant “operated a motor vehicle, on a public highway and while the defendant was under the influence of an intoxicating liquor.” To establish the third element, there must be sufficient evidence demonstrating that the defendant “had become so affected in his mental, physical or nervous processes that he lacked to an appreciable degree the ability to function properly in relation to the operation of his vehicle.”

The Court’s Decision

In this case, the defendant contested that the State failed its burden in proving the third element. However, the Appellate Court was persuaded that the State satisfied this element through officer testimony regarding the defendant’s appearance and behavior. The defendant argued that the State failed to establish what a person must do to pass field sobriety tests and how the tests measure a driver’s ability to operate their car. However, the Appellate Court wrote, “The state… did not bear the burden of educating the jury with regard to field sobriety tests, but of demonstrating that the defendant was intoxicated.” After addressing additional grounds for appeal, the Appellate Court affirmed judgment.

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When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence), an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.

Since Defendant Filed Appeal After Statutory Deadline, Trial Court Lacked Jurisdiction to Adjudicate

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Last April, the Appellate Court of Connecticut affirmed a trial court’s determination that it lacked subject matter jurisdiction to hear plaintiff’s appeal because the statutory filing period had already expired.

Case Background

In this case, the plaintiff was arrested for operating a motor vehicle while under the influence (OMVUI) of alcohol. At the police station, the plaintiff was informed that, under General Statutes § 14-227b(b), if he refused to submit to either a breathalyzer test or other sobriety tests, his license would be suspended for six months.

The plaintiff refused to take the tests, and the defendant Department of Motor Vehicles (DMV) began the process of suspending the plaintiff’s license. The plaintiff requested an administrative hearing, which was held on August 28, 2009. The hearing officer found that police had probable cause to arrest the plaintiff and that the plaintiff refused to take sobriety tests and operated a motor vehicle at the time he was arrested.

On September 16, 2009, the plaintiff moved for reconsideration, and this motion was denied on September 29. The plaintiff filed a recognizance bond with the clerk’s office on November 12, and then submitted his appeal on November 27. The trial court found it lacked subject matter jurisdiction to adjudicate the appeal because it was submitted after the statutory filing period. When the plaintiff appealed this decision, he argued that the trial court erred with this finding: he claimed he actually filed his appeal at the same time as his recognizance bond.

The Court’s Decision

Under General Statutes § 4-183(c), a party must file an appeal with the agency that renders a decision either within forty-five days 1) after mailing of the final decision or 2) after the agency denies a petition for reconsideration. In the context of administrative appeals, courts will strictly comply with statutory dictates, and § 4-183(c)’s forty-five day filing requirement is “a mandatory jurisdiction in the first instance.” A reviewing court will not disturb the findings of a trial court unless there is no evidence to support it, or if a review of the evidence leaves the sense that a mistake was made. This is known as the clearly erroneous standard of review.

In this case, the forty-five day statutory period began to run on September 29, 2009, and expired on November 12, 2009, the day the plaintiff filed his recognizance bond. The plaintiff claimed that he handed a copy of his appeal to the clerk at the same time. However, the trial court found that the filing of the bond “did not constitute a ‘filing’ with the clerk of the court” and that the plaintiff did not file his appeal until November 27, 2009. The Appellate Court stated that the trial court was within its discretion to weigh the evidence, and could not hold that the findings made in this case were clearly erroneous. Therefore, it affirmed judgment.

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When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence) or license suspension, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.