In a recent criminal law matter, the Appellate Court of Connecticut rejected a defendant’s claims of improperly-admitted evidence and prosecutorial impropriety, following his conviction in a DUI-related case. The defendant’s first claim is discussed in this article.
This case arose from an incident that occurred on July 3 and 4, 2006. Officers initiated a traffic stop after observing the defendant driving erratically, and after personal interaction they determined the defendant was highly intoxicated. They placed him under arrest for operating a motor vehicle while under the influence (OMVUI) of alcohol in violation of Connecticut General Statutes (CGS) § 14-227a. The officers also arranged for the defendant’s truck to be towed. During the booking process, officers learned that the defendant’s driver’s license was suspended at the time of the traffic stop. Therefore, they charged him with operating a motor vehicle with a suspended license (OMVSL) in violation of CGS § 14-215. The following morning, an officer saw the defendant being driven to the tow truck company that had towed the defendant’s truck the previous night. There, the officer observed the defendant driving his truck from the parking lot exit, so he initiated a traffic stop and issued a summons for OMVSL.
At trial, the State sought to include redacted versions of the two suspension notices, but defense counsel objected. Citing un-redacted portions that showed duration of the suspensions, counsel argued, “[A]ny reasonable person would infer from the blacked out [portion] that the suspension notice [was] alcohol related, and… that would be unduly prejudicial for [the defendant].” The court overruled the objection, stating the argument involved mere speculation. The court later gave a limiting instruction to the jury that they were not to speculate as to the reasons for the instructions; rather, the suspension notices were only being used by the State to allege that the defendant was under suspension.
The defendant was convicted on all counts, and after sentencing he filed an appeal. He argued, in part, that the probative value of the suspension notices was outweighed by their prejudicial impact. He argued that inclusion of the notices would lead the jury to believe he was a “chronic drunk driver,” which would be highly prejudicial to the present case.
The trial court has discretion to determine whether the probative value of evidence is outweighed by its prejudicial impact. Such findings are reversed only upon the showing of an abuse of discretion or manifest injustice. In this case, the Appellate Court determined that the notices were relevant because they tended to prove that the defendant’s license was suspended on July 3 and 4, 2006. The defendant failed to provide any compelling basis to indicate they were unduly prejudicial. Assuming, for the sake of argument, that their admission into evidence was unduly prejudicial, the limiting instruction given by the court lessened or even eliminated any adverse impact on the outcome of the trial. Therefore, the court did not abuse its discretion by allowing the notices into evidence.
For the court’s analysis of the defendant’s second argument on appeal, please read the follow-up article, “Despite Prosecutorial Impropriety, Closing Argument Comment Did Not Deprive Defendant of a Fair Trial.”
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.