DocketNumber: No. CV 95 014 84 91
Citation Numbers: 1997 Conn. Super. Ct. 6392
Judges: MALONEY, J.
Filed Date: 6/5/1997
Status: Non-Precedential
Modified Date: 4/18/2021
In his brief, the plaintiff advances essentially three arguments in support of his appeal: (1) that there was insufficient evidence in the record before the hearing officer to support his determination that the police had probable cause to arrest the plaintiff; (2) that there was no evidence in the CT Page 6393 record to permit a finding that the police mailed the report of the incident to the motor vehicle department within three business days after the arrest as is required by subsection (c) of §
With respect to his probable cause argument, the plaintiff first contends that the A-44 report form and supplement should not have been admitted in evidence because the police officer who would have administered the test, if the plaintiff had agreed to submit to it, was the officer who signed the report as the witness to the refusal. There is nothing in the statute or regulations to suggest that the procedure followed here was in any way illegal or even irregular. The hearing officer correctly admitted the report in evidence.
The plaintiff also claims that the facts set forth in the report do not support a finding of probable cause. The court disagrees. The report indicates that the police officer stopped the plaintiff after observing him run a red light. The plaintiff smelled of alcohol and the officer noticed an open can of Budweiser on the floor of the car. The plaintiff failed all of the usual field sobriety tests. The facts set forth in the report clearly added up to probable cause to arrest on the drunk driving charge.
The argument that the police did not comply with the requirement regarding the mailing of the report to the motor vehicle department has been specifically rejected by our Appellate court. Peters v. Department of Motor Vehicles,
The plaintiff provides no case law or other authority to support his contention that the suspension in this case amounted to unconstitutional punishment. To the contrary, §
The appeal is dismissed.
MALONEY, J. CT Page 6394