DocketNumber: No. CV91-0237807S
Citation Numbers: 1992 Conn. Super. Ct. 1587
Judges: DORSEY, J.
Filed Date: 2/10/1992
Status: Non-Precedential
Modified Date: 4/17/2021
The suspension resulted from the alleged refusal of Mr. Johnson to consent to any chemical tests required by General Statutes
In his complaint the plaintiff claims that the decision of the adjudicator was illegal, unreasonable and an abuse of discretion for the following reasons:
a. The decision in this case was not based upon the statutory framework of
b. And that contrary to the statute, Sec.
c. Since the statutory framework was not properly invoked in the first place, the state through Motor Vehicle Department improperly revoked appellant's license.
d. The adjudicator erred in allowing any exhibits into evidence in that the statutory framework was not properly invoked and therefore Mr. Johnson's motion to dismiss based upon jurisdictional reasons ought to have been granted.
The appellant alleges he is aggrieved by the decision of December 19, 1990 and appeals from that decision and prays that this court will reverse the decision of December 19 and order the Commissioner of Motor Vehicles to refrain from ordering that the appellant's operator's license be suspended pursuant to Connecticut General Statutes
Appeals of this nature are based upon the record prepared and submitted to the adjudicator. At the hearing before the adjudicator the officer's DWI arrest and alcohol test refusal or failure report (A-44 Revision 5-90) was offered into evidence. This report indicates that on November 17, 1990 at Rte. 99, Carrington Road, in Bethany, Connecticut at 2:32 a.m. Norbert Johnson was involved in a motor vehicle single-car accident. The officer observed Mr. Johnson behind the steering wheel with the engine running. Mr. Johnson stated that he was the only occupant within the vehicle. The officer found that the operator was unstable when walking, and failed performance tests, and that the operator had a distinct odor of alcoholic beverages about him and stated he was sorry and was wrong for what he had done. The officer found probable cause to arrest Mr. Johnson based upon his field test performance, the odor of liquor on his breath, and the fact that he was involved in a one-car motor vehicle accident.
The officer placed Mr. Johnson under arrest on November 17, 1990 at 2:55 a.m. Mr. Johnson was charged with operating while under the influence of intoxicating liquors and was apprised of his constitutional rights at 2:57 a.m. He was also afforded a reasonable opportunity to telephone an attorney but refused to submit to a chemical alcoholic test based upon a urine test when requested to do so and after being advised of the consequences of refusing.
Section G of the A-44 form indicates that the refusal to submit to such tests occurred in the presence of John L. McGran, Sergeant, Connecticut State Police, Badge No. 229. Sergeant McGran signed the appropriate section indicating that he was a witness to this refusal. Thereafter, the arresting officer signed the appropriate section of the form under oath.
The record further indicates that the arresting officer CT Page 1589 did not revoke and take possession of the motor vehicle operator's license, suspend the license for a 24-hour period, nor did he issue a temporary operator's license. Accordingly, he did not forward a copy of the temporary license form to the Administrative Per Se Unit. Because these requirements were not completed by the arresting officer, the plaintiff contends that the Department of Motor Vehicles Administrative Per Se Unit lacked jurisdiction and accordingly, the Commissioner lacked jurisdiction to suspend the operator's license.
Judicial review of the Commissioner's action is governed by the Uniform Administrative Procedure Act: General Statutes
The scope of judicial review under the Uniform Administrative Procedure Act is quite restricted. Lawrence v. Kozlowski,
Subsections (b) and (c) of Section
The Department of Motor Vehicles' adjudicator found affirmatively upon each of these four issues, and the plaintiff does not challenge these findings. In Buckley v. Muzio,
The adjudicator in his decision in this case made the express findings required by
The Connecticut Supreme Court has recently analyzed the license suspension procedure in
After reviewing the evidence the court concludes that the plaintiff has failed to prove that the commissioner has acted unreasonable, arbitrarily, illegally or in abuse of his discretion and therefore the appeal is dismissed.
DORSEY, J.
Persico v. Maher , 191 Conn. 384 ( 1983 )
DiBenedetto v. Commissioner of Motor Vehicles , 168 Conn. 587 ( 1975 )
Lawrence v. Kozlowski , 171 Conn. 705 ( 1976 )
Riley v. State Employees' Retirement Commission , 178 Conn. 438 ( 1979 )
Burnham v. Administrator , 184 Conn. 317 ( 1981 )
C & H ENTERPRISES, INC. v. Commissioner of Motor Vehicles , 176 Conn. 11 ( 1978 )