Posts tagged with "statutory findings"

“Mommy Just Got Into a Little Accident,” Along With Other Evidence, Was Sufficient to Find That DUI Driver Operated her Car

In a recent criminal law matter, a Superior Court of Connecticut dismissed the plaintiff’s license suspension appeal, stating that the hearing officer had sufficient evidence to find that the plaintiff “operated” her motor vehicle.

This case arose from an incident that occurred on December 12, 2010. Police responded to a complaint from a woman (neighbor), who stated that the plaintiff’s vehicle backed out of her driveway across the street and struck her car. Officers proceeded up the driveway in question and saw the plaintiff, who was accompanied by her four-year-old son, “fumbling with her keys and struggling to keep her balance as she attempted to open her garage.” The plaintiff was visibly intoxicated, and when the officer asked the son what happened, he responded, “Mommy just got into a little accident.” Officers believed the plaintiff was so inebriated that administering the field sobriety tests would be unsafe. They arrested the plaintiff and transported her to police headquarters, where two breath tests revealed blood alcohol contents of 0.2181 and 0.2097, two-and-a-half times the legal limit. A subsequent inspection of the plaintiff’s vehicle revealed damage consistent with that from the neighbor’s car.

The plaintiff was charged with driving under the influence in violation of Connecticut General Statutes (CGS) § 14-227a. The Department of Motor Vehicles (DMV) sent her a notice of suspension, and she requested an administrative hearing. The hearing officer made four statutory findings pursuant to CGS § 14-227b(g), and given the plaintiff’s history of suspensions, ordered that her license be suspended for two years and six months. The plaintiff appealed, stating that the hearing officer’s conclusion on the fourth criteria of CGS § 14-227b(g), “operation,” was without factual support. She contested the neighbor’s identification of her as the driver and use of her son’s hearsay statement, as well as the fact that police did not see her driving.

When a plaintiff contests the decision of a DMV hearing officer, they have the burden of proving that the decision was arbitrary and an abuse of discretion. A decision that is reasonably supported by the evidence will be sustained by a reviewing court. In addition, hearing officers have broad discretion in accepting or discrediting witness testimony, and are not bound to the strict rules of evidence regarding hearsay. Therefore, hearing officers have the authority to rely on hearsay of operation so long as the testimony is relevant and material to that finding.

In this case, the Superior Court found that the hearing officer had ample evidence that the plaintiff operated her car. The officers personally saw the plaintiff in possession of her keys outside the garage in which her car was located. Given the coinciding damage between both cars, along with the neighbor’s and son’s statements, which the hearing officer was free to accept, there was sufficient evidence to find that the plaintiff operated her motor vehicle. Therefore, the hearing officer did not abuse his discretion, and after addressing the plaintiff’s additional claims, the Superior Court dismissed her appeal.

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.

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In Case Involving Lifetime Suspension of DUI Suspect’s Commercial Driver’s License, Hearing Officer Properly Applied Statutory Dictates

This past April, the Appellate Court of Connecticut affirmed judgment dismissing a plaintiff’s appeal from the decision of the Department of Motor Vehicles (DMV) to suspend his commercial driver’s license (commercial license) for life.

In this case, the plaintiff’s license was previously suspended in 2005 for six months pursuant to Connecticut General Statutes (CGS) § 14-227b after he refused to submit to a breathalyzer test. He thereafter obtained a commercial license in 2009. On March 28, 2010, the plaintiff was involved in an automobile accident. He failed several field sobriety tests, and two breathalyzer tests yielded results of 0.182 and 0.176, more than twice the legal limit. Therefore, the plaintiff was charged with operating a motor vehicle while under the influence (OMVUI) in violation of CGS § 14-227a. The DMV held a suspension hearing, where over objection of plaintiff’s counsel the court admitted a case/incident report prepared by the arresting police officer as well as an A-44 form, which is used in reporting OMVUI-related arrests. After making four statutory findings, the hearing officer suspended the plaintiff’s license for ten months and imposed a lifetime suspension on his commercial license.

The plaintiff appealed to the Superior Court, who dismissed the appeal. The plaintiff sought remedy with the Appellate Court, stating that the hearing officer erroneously admitted the A-44 form into evidence. He argued that the A-44 form did not disclose the implications of refusing or taking a chemical alcohol test as it related to his commercial license. In addition, the plaintiff contended that under CGS § 14-44k(h), the lifetime suspension of his commercial license was improper because “this statutory requirement does not apply… because he had not obtained a commercial driver’s license at the time of his first license suspension.”

Under CGS § 14-227b(g), a hearing officer must make findings of fact related to the following four inquiries: 1) whether the police officer had probable cause to arrest a person for OMVUI; 2) whether the person was arrested; 3) whether the person refused or consented to take a chemical alcohol test (with additional inquiries if consent existed); and 4) whether the person operated a motor vehicle. The Supreme Court of Connecticut has held that these are the only dispositive questions at a suspension hearing. In light of legislative intent, “[W]hether an operator was warned of the consequences of refusing to submit to chemical tests is not made one of the issues to be adjudicated.” In this case, it was immaterial that the plaintiff did not receive warnings regarding what would happen if he refused or consented to the breathalyzer test as it related to his commercial license. As such, the Appellate Court found that the plaintiff did not suffer prejudice by the A-44 form’s entry into evidence.

CGS § 14-44k(h) dictates the circumstances under which a person’s commercial license may be suspended. In reviewing the language of the statute, the Appellate Court noted the distinct lack of “language limiting application [of the statute] to suspensions ordered after [a] person has obtained a commercial driver’s license.” Therefore, if a person is twice charged with OMVUI, his commercial license may be suspended for life, though reinstatement is possible. The purpose of this statute is to further promote the legislature’s goal of protecting the public on our highways from “potentially dangerous drivers,” such as OMVUI offenders. In this case, the Appellate Court found that adopting the plaintiff’s interpretation of § 14-44k(h) would frustrate this purpose, and statute “means what is says” and was unambiguous. Therefore, 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.

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