DocketNumber: No. CV93 070 41 25
Citation Numbers: 1994 Conn. Super. Ct. 3401, 9 Conn. Super. Ct. 400
Judges: MALONEY, J.
Filed Date: 3/25/1994
Status: Non-Precedential
Modified Date: 7/5/2016
At the administrative hearing, the plaintiff appeared represented by counsel, but did not testify. No other witnesses were subpoenaed, and none appeared to testify. The only evidence in the record of the hearing consisted of the motor vehicle department incident report, the A-44 report form, signed by Officer Sattelberger of the Meriden Police Department, including two supplementary pages, and a separate report signed by Officer Amman, also of the Meriden Police Department. Both reports were signed under penalties of false statement, and they also indicate that the officers signed the reports under oath administered by their supervisors pursuant to
The sole basis of the plaintiff's appeal is his contention that the hearing officer should not have admitted into evidence at the administrative hearing the reports of the two police officers involved in the case.
The plaintiff's first argument is based on Regs. State Agencies
The plaintiff also objected to the admission of Officer Amman's report. As noted, that report was signed under penalty of false statement and was also signed under oath administered by a third police officer. It contains Officer Amman's personal observations of the plaintiff operating his vehicle, a statement of his reasons for stopping him, and his observations of the plaintiff in the custody of Officer Sattelberger, taking the sobriety tests. It also contains a statement that Officer Sattelberger arrested the plaintiff "for DWI." Amman's report contains no hearsay statements.
General Statutes
Lastly, the plaintiff objected at the hearing to the introduction of the reports on the basis that they were photocopies and he had no opportunity to compare them with the originals. The plaintiff did not make any specific claim that the copies were inaccurate or false. In response, the hearing officer immediately offered to recess the hearing and continue it so that the plaintiff could subpoena the police officers and/or their original reports. The plaintiff, through counsel, declined. Under these circumstances, the plaintiff is deemed to have waived his objections to the introduction of the copies.
For all of the reasons set forth above, the plaintiff's appeal is dismissed.
MALONEY, J. CT Page 3404