Posts tagged with "state regulations"

In Light of Recently Decided Precedent Regarding Breath Tests, Court Affirms Judgment in Pending DUI Appeal

In a recent criminal law matter, the Appellate Court of Connecticut considered whether a court improperly denied a defendant’s motions in limine to exclude toxicology evidence that he argued did not comply with statutory requirements.

This case arose from an incident that occurred after midnight on July 10, 2004. The defendant was driving his vehicle on the Merritt Parkway when he drove off the Exit 38 off-ramp and hit multiple trees before coming to a stop. A Norwalk police officer arrived and observed the defendant outside the vehicle, but the defendant denied that he was the driver. Soon thereafter, a state trooper arrived and made the following observations of the defendant: the smell of alcohol, red glassy eyes, and a cut on his hand and lip. He concluded that the defendant was the driver, and administered field sobriety tests, which the defendant failed.

The defendant was brought to the state police barracks in Bridgeport and asked when he started to drink. He responded he consumed four beers at a restaurant in Stamford beginning at 10pm the night before and stopped drinking after the accident occurred. He additionally noted that he did not have anything to eat since breakfast the morning before. The defendant submitted to two breath tests on the Intoxilyzer 5000 machine, which resulted in blood alcohol content readings of 0.225 and 0.209, both more than two-and-a-half times the legal limit.

The defendant was charged with operating a motor vehicle with an elevated blood alcohol content, which violated Connecticut General Statutes (CGS) § 14-227a(a)(2). Before trial, he submitted several motions in limine exclude the Intoxilyzer results, claiming that the tests “did not comply with state regulations in force at the time of the incident.” The court denied the motion, noting that the breath tests performed in this case were in compliance. The defendant plead nolo contendere (no contest), and after sentencing he appealed his conviction. He argued that the court improperly denied his motion because “the apparatus reports blood alcohol content in terms of weight per volume percent and not a weight per weight percent.”

After the defendant’s initial brief was submitted, but prior to adjudication of this appeal, the Appellate Court published its decision in State v. Pilotti, 99 Conn. App. 563 (2007). In Pilotti, the facts were substantially the same and the defendant made the same argument as presented in the case at bar. The Pilotti Court noted that the legislature intended to include breath testing under CGS § 14-227a(b), not just blood testing, and further wrote:

[CGS] § 14-227a(b) requires the state to establish as a foundation for the admissibility of chemical analysis evidence that the test was performed with equipment approved by the department of public safety. It does not require … that the device satisfy the criteria set forth in the regulations.

In other words, evidence will not be deemed inadmissible where “testing that complies with the regulatory requirements is deemed to be competent evidence.” Thus, in the case at bar, the Appellate Court found that Pilotti was controlling, and because this case was nearly identical, it held that use of the Intoxilyzer 5000 machine satisfied the statutory requirements of CGS § 14-227a(b).

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.

Is it Illegal for an Employer to Require Long Shifts without Breaks in Connecticut?

The answer to this question depends on the terms of employment, and any employment contract between an employer and employee.  However, there are still state laws and regulations that set standards for breaks and working conditions.  In order to determine whether your employer’s actions are in violation of any labor law, it would be best to consult with an experienced employment law attorney who can analyze the circumstances surrounding your case and give you an educated answer.

If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Do I Get Child Support in Connecticut?

To receive monetary child support you must have a court order.  This court order establishes the need for monetary support as well as for health insurance and child care.  A court must approve all agreements for child support, even those that are voluntarily entered into by a non-custodial parent.  Support orders are calculated by the courts by using mandatory guidelines to ensure fair and consistent child support orders.  These guidelines are state regulations which consider the combined income of the mother and father and the number of children to set a reasonable child support amount.  The child support amount is subject to change, as it is based on income and the circumstances of each parent.

If you need to obtain a court order for child support, it would be in your best interest to consult with an experienced family law attorney to represent your case in court.  You may also apply for child support services that are offered by the state.  An experienced attorney will educate you on all of your options in this situation.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

How Do I Get Child Support in Connecticut?

To receive monetary child support you must have a court order.  This court order establishes the need for monetary support as well as for health insurance and child care.  A court must approve all agreements for child support, even those that are voluntarily entered into by a non-custodial parent.  Support orders are calculated by the courts by using mandatory guidelines to ensure fair and consistent child support orders.  These guidelines are state regulations which consider the combined income of the mother and father and the number of children to set a reasonable child support amount.  The child support amount is subject to change, as it is based on income and the circumstances of each parent.

If you need to obtain a court order for child support, it would be in your best interest to consult with an experienced family law attorney to represent your case in court.  You may also apply for child support services that are offered by the state.  An experienced attorney will educate you on all of your options in this situation.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.