DocketNumber: No. CV 94 07 52 20
Citation Numbers: 1995 Conn. Super. Ct. 13971
Judges: MALONEY, J.
Filed Date: 12/15/1995
Status: Non-Precedential
Modified Date: 4/18/2021
The court notified the parties that it would hear oral argument on this appeal on December 13, 1995. Counsel for the commissioner appeared, but the plaintiff was not present. After noting that the plaintiff is a resident of Ohio, counsel for the commissioner agreed to waive oral argument. The court decides the case on the basis of the parties' briefs, therefore, without oral argument.
The sole basis of the plaintiff's appeal, as set forth in her brief, is that the police did not afford her a reasonable opportunity to contact an attorney before insisting that she submit to a breath test. Therefore, she argues, her nonacquiescence should not be construed as a refusal within the meaning of Connecticut's per se statute, General Statutes §
The plaintiff's argument might have considerable force in a criminal proceeding under
The plaintiff's appeal is dismissed.
MALONEY, J.