Posts tagged with "punishment"

State Supreme Court Addresses Whether DMV License Suspensions Constitute “Convictions” That Bar Subsequent OMVUI Prosecutions

In a recent criminal law matter, the Supreme Court of Connecticut upheld a lower court’s ruling that an administrative license suspension does not constitute a “conviction” under our statutes for purposes of double jeopardy protections.

This case arose from an incident that occurred on January 13, 2006. Police officers pulled over the defendant under suspicion that he was driving under the influence, and arrested him after he failed several field sobriety tests. The defendant was charged with operating a motor vehicle while under the influence (OMVUI) in violation of Connecticut General Statutes (CGS) § 14-227a. The Department of Motor Vehicles held an administrative hearing and the hearing officer ordered that the defendant’s driver’s license be suspended for ten months.

The defendant moved to dismiss all charges against him. He argued that “he already had been ‘convicted’ of the same offense in the administrative proceedings,” so to prosecute him for OMVUI would amount to double jeopardy in violation of state and federal constitutional protections. The trial court denied his motion, stating that an administrative license suspension under CGS § 14-227b was not a punishment, thus the defendant’s rights against double jeopardy were not violated by subsequent prosecution for OMVUI. The defendant entered a conditional plea of nolo contendere before promptly appealing his conviction.

The Fifth Amendment of the U.S. Constitution states, “No person shall… be subject for the same offense to be twice put in jeopardy of life or limb.” Double jeopardy, as it is commonly referred to, encompasses several protections, including against “a second prosecution for the same offense after conviction.” Connecticut does not have an explicit comparable statute, though double jeopardy protections are implicit through our due process statutes. Our courts have determined that civil or administrative sanctions that serve “a legitimate remedial purpose” and are “rationally related to that purpose” do not constitute double jeopardy violations, even if the sanction has an attendant deterrent or retributive effect. In essence, “prosecutions or convictions for double jeopardy purposes arise only from proceedings that are essentially criminal.”

In this case, the Supreme Court reviewed cases under which administrative hearings were found “sufficiently remedial” so as to not bar subsequent prosecution. In looking into the legislative history of CGS § 14-227b, the Court noted that the “principle purpose [of the statute] was to protect the public by removing potentially dangerous drivers from the state’s roadways.” License suspension hearings subsequent to OMVUI arrests facilitate that purpose. In addition, the language of CGS §§ 14-227b and 14-1 (21), which defines “conviction,” do not reveal an intent that “an administrative suspension forecloses future criminal proceedings against the defendant for the same offense.” The Supreme Court was thus not persuaded by the defendant’s argument that the suspension was a criminal “conviction” that would bar an OMVUI prosecution, and the judgment was affirmed.

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.

Teacher Placed on DCF’s Child Abuse and Neglect Registry

Twelve-year-old Kyle G., while attending MicroSociety Magnet School in New Haven, Connecticut, was subjected to repeated harassment and bullying, amounting to child abuse and neglect.  However, Kyle’s bully was not another student, but rather his teacher Nicholas Frank.  The witnesses, Kyle’s classmates.

Mr. Frank subjected Kyle to constant ridicule in front of Kyle’s classmates, calling Kyle “cheeks,” “birthing mother,” “fish out of water.” Mr. Frank even resorted to physical harassment, by pinching Kyle’s cheeks.  Mr. Frank limited Kyle to asking only ten (10) questions a day, and if Kyle went over, Kyle could choose his punishment: have his cheeks pinched or a lunch detention.  As a result, Kyle became terrified in class, as he was afraid of how Mr. Frank was going to make fun of him next. Kyle’s grades started slipping from A’s to C’s. He had trouble sleeping and started wetting his bed.

Kyle’s mother became alarmed and reported her concerns to the school administrators. Upon learning of Mr. Frank’s actions, the school advised him to stop calling Kyle names, stop pinching his cheeks, and to minimize contact with Kyle.  When questioned, other students confirmed Kyle’s story. Students reported that Mr. Frank called Kyle “pregnant” due to his weight.  As a result of the investigation, Mr. Frank was suspended for eight days without pay.

Connecticut Department of Children and Families (“DCF”) learned of the incident and charged Mr. Frank with emotional neglect. A hearing officer substantiated the finding, holding that Mr. Frank “subjected Kyle to ‘acts, statements, or threats’ that would have an adverse impact on Kyle, including referring to his facial appearance and his weight. After substantiating the findings, DCF had a separate hearing as to whether Mr. Frank should be placed on DCF’s central registry of child abuse and neglect.  In deciding to place Mr. Frank on the central registry, the hearing officer determinate that Mr. Frank “in light of the attention given to anti-bullying in the school context, should have been aware of the implications of his statements. Kyle suffered an adverse emotional impact from the plaintiff’s [Mr. Frank’s] behavior as his grades dropped and his fear of school increased.” The hearing officer found that Mr. Frank had a pattern of abuse.

On Mr. Frank’s appeal of the DCF’s findings, the Superior Court rejected Mr. Frank’s arguments that the decision was not based on substantial evidence. The Court stated, “the court defers to the conclusion of the hearing officer who noted that teachers through the schools districts are on notice that poking fun at students is inappropriate behavior.”

If you or someone you know has been a victim of bullying or harassment, please contact a knowledgeable attorney.  At Maya Murphy, P.C., we have decades of experience dealing with Education Law, harassment or bullying, Special Education Law, and discrimination– often in situations where they run concurrently.  We handle all types of issues, in a broad geographic area, which includes Westport, Fairfield, Greenwich, New Canaan, and the entire Fairfield County area.

By: Leigh H. Ryan, Esq.

If you have any questions regarding bullying, or any education law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Custodian’s Threat Too Severe to Justify Reinstatement, Says Court

In the case of Bridgeport Board of Education v. Nage, the Bridgeport Board of Education sought to vacate, or remove, a prior decision in favor of a former custodian’s reinstatement to a Bridgeport school. The board of education had terminated the custodian’s employment after he had mailed to various city official a packet of materials that contained detailed descriptions of mass shooting incidents at public school. A handwritten note concluded with the statement, “If I’m being punished for breaking the rules then we all should.” Following arbitration, an alternative form of dispute resolution, a panel found that, while the offense was serious, the custodian should be able to retain his position on the condition he successfully complete an employee assistance program and be deemed fit to return to work. The board of education fully rejected this proposal.

The court agreed with the board of education, because the custodian’s conduct would expose the board of education, its schools and students to substantial liability and danger. Should the panel’s proposed solution fail, the board of education would face a serious and dire threat to the welfare of its faculty and students. The custodian, as an employee of a public school, caters to a vulnerable population in the public sector where the board of education is required to provide a safe place for children. The custodian’s threat of mass murder thoroughly undermined contemplations that his reinstatement should be appropriate.

This case was not handled by our firm. However, if you have any questions regarding this case, or any education or employment matter, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.


Source: Bridgeport Board of Education v. Nage, Local RI-200, 160 Conn. App. 482, 2015 Conn. App. LEXIS 377 (Conn. App. Oct. 13, 2015)

***All posts for the MayaLaw.com blog are created as a public service for the community. This case overview is intended for informational purposes only, and is not a solicitation of any client.***

Court Sustains Order of Temporary Custody After Finding Mother Used Spatula to Discipline Her Child

In a recent case involving the Department of Children and Families, the Court sustained an Order of Temporary Custody based on allegations that the child’s mother inflicted physical injury upon her child by disciplining him with a rubber spatula.

At trial the evidence established that the mother had a long history with DCF, which started during her own childhood. She became a mother as just a teen herself, and because she was unable to provide her children with appropriate care, her parental rights were terminated.
Those rights were subsequently restored; however, DCF remained concerned about the mother’s ability to adequately parent her children.

With respect to the more recent allegations of physical abuse, the Court heard extensive testimony regarding problems the mother experienced with the child dating back to when he was born. According to the Court, the testimony and exhibits established that the child was very difficult to manage. Extremely active, he sustained a number of injuries while at school when the mother was not present. However, the Court also found that the evidence clearly established the mother used a black spatula as her primary tool of punishment. For example, DCF offered photographic evidence which established that the child attended school with injuries to his face stemming from the left side of his mouth to the left side of his eye. According to the Court, the pictures provided compelling evidence of scrapes on the child’s face.

The Court ultimately found that DCF proved by a fair preponderance of the evidence that the mother inflicted actual physical injury on the child by striking him with a black spatula on the left side of his face causing visible injury near his eye and mouth. On those grounds, the Court Ordered that the child be placed with the Department of Children and Families under an Order of Temporary Custody.

Should you have any questions regarding DCF matters, or family matters generally, please do not hesitate to contact Michael D. DeMeola, Esq. He can be reached by telephone in the firm’s Westport office at (203) 221-3100, or by e-mail at mdemeola@mayalaw.com.
________________________________________________________________________________
Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today.

If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today.

Keywords: divorce attorney ct, divorce attorneys in ct, divorce attorneys ct, divorce attorney Connecticut, Connecticut divorce attorney, divorce attorney, divorce attorneys NYC, ct lawyers, Connecticut family attorney, divorce lawyer in ct, free divorce consultation, free consultation family law, divorce in ct, free consultation family law, Connecticut divorce lawyer, divorce attorney for men, divorce attorney for women, free divorce attorney, divorce lawyers in ct, ct divorce laws, ct divorce attorney, family law firm, divorce attorney Fairfield, attorneys in Connecticut, family law office, ct divorce mediation, best divorce attorney in ct, lawyers in ct, uncontested divorce, divorce lawyer nyc, Connecticut divorce laws, best divorce attorney, divorce attorney Hartford, new haven divorce attorney, divorce, lawyer, attorney, law firm ct, law office, legal advice in ct, ct divorce attorneys, family attorney, domestic violence rights, Connecticut, marital property rights, CT divorce mediation, legal separation Connecticut, child custody laws, child support litigation, contested, uncontested, annulments, alimony, mediator, spouse, spousal support law, asset division, visitation right, premarital agreements, prenup, prenuptial agreement, prenup NY, restraining orders, appeals, custody modifications, legal separation CT, prenup in CT, custody in CT, filing divorce in CT, filing, lawyers, attorneys, family law in CT, family in NY, Connecticut divorce attorney, divorce law NY, matrimonial law CT, custody NY, child custody CT, property division in CT, dissolution of marriage in CT, marriage, divorce NY, New York divorce, visitation in CT, visitation rights in CT, post marital agreements, divorce law firm CT, divorce law firm NY

Continue Reading