DocketNumber: No. MV 91010927
Citation Numbers: 1992 Conn. Super. Ct. 8268, 7 Conn. Super. Ct. 1115
Judges: LEUBA, J.
Filed Date: 9/1/1992
Status: Non-Precedential
Modified Date: 4/18/2021
For purposes of the Motion to Suppress the parties entered into a Stipulation of Facts dated May 15, 1992 which set forth the following facts:
1. On or about Sunday, July 21, 1991, at 12:45 a.m., the defendant, Peter J. Haselman, sustained serious physical injuries as a result of a motorcycle — motor vehicle accident.
2. The injuries which Mr. Haselman sustained included a fractured arm and a fractured foot.
3. The injuries which Mr. Haselman received prevented him from standing or walking. Mr. Haselman could not drive a car; nor could he work or otherwise care for himself at any of the times hereinafter mentioned.
4. The injuries which Mr. Haselman received would prevent him from standing, walking, driving a car, working or otherwise caring for himself for a period of time in excess of 45 days.
5. The injuries which Mr. Haselman received still prevent him from working and can be expected to do so for another 3 to 4 months time. CT Page 8269
6. Mr. Haselman was put on a stretcher, placed in an ambulance and transported to the Wm. W. Backus Hospital.
7. Subsequent to his admission to the hospital, blood was drawn from Mr. Haselman in the regular course of business for the hospital for the diagnosis and treatment of Mr. Haselman's injuries. The blood was drawn by a person licensed to practice medicine and surgery in this state, a resident physician or intern in a hospital in this state, a qualified laboratory technician, an emergency medical technician II or a registered nurse.
8. Mr. Haselman was not advised that blood would be drawn from him as a result of his admission. He did not give his consent to his blood drawn. At the time the blood was drawn, he was not advised that his blood would be tested for its alcohol content nor was he advised that the results of any such test could be subpoenaed by the State Police and used as evidence against him in a subsequent prosecution for driving while intoxicated.
9. Mr. Haselman was not given an opportunity to telephone an attorney prior to his blood being drawn or tested.
10. At the time Mr. Haselman's blood was drawn and tested, Mr. Haselman was conscious and alert. He was capable of either consenting, or refusing to submit, to a chemical analysis of this blood. He was capable of using a telephone and one was available for his use.
11. The device used to test Mr. Haselman's blood was not checked for accuracy immediately before the test was performed.
12. The device used to test Mr. Haselman's blood was not checked for accuracy immediately after the test was performed.
13. An additional chemical test of the same type was not performed at least thirty minutes after the initial test was performed.
A hearing was held in this Court on August 21, 1992 at which the State and the Defendant were represented by Counsel and oral argument was presented.
The defendant also filed a brief on August 21, 1992 in support of his claims which is on file. CT Page 8270
The State in their oral argument advanced the proposition that the State has compelling interests in questions relating to intoxicated motor vehicle operators citing the case of State v. Stephens,
With regard to the defendant's claim that he was rendered "physically disabled" by reason of his injury and its effects the State claims that Section
The defendant's constitutional claim brings into question the disparate treatment of individual's whose blood alcohol level is to be tested depending upon whether it is tested by the police in the ordinary situation or, on the other hand, whether the test is done in a treating hospital for a person injured in an automobile accident. In the more typical situation where the police conduct testing to determine blood alcohol level for purposes of a prosecution under Section
Evidence respecting the amount of alcohol . . . in the defendant's blood at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood . . . shall be admissible and competent provided: (1) the defendant was afforded a reasonable CT Page 8271 opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test was mailed to or personally delivered to the defendant within 24 hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and equipment approved by the Department of Health Services and was performed by a person certified or recertified for such purpose by said department or recertified by persons certified as instructors by the Commissioner of Health Services. If a blood test is taken, it shall be on a blood sample taken by a person licensed to practice medicine and surgery in this state, a qualified laboratory technician, an emergency medical technician II or a registered nurse; (4) the device used for such tests was checked for accuracy immediately before and after such test was performed by a person certified by the Department of Health Services; (5) an additional chemical test of the same type was performed at least 30 minutes after the initial test was performed; and (6) evidence is presented which demonstrates that the test results in the analysis thereof accurately reflect the blood alcohol content at the time of the alleged offense.
If on the other hand the operator of the motor vehicle is taken to a hospital because he has suffered or allegedly suffered a physical injury in an accident, subsection (1) of Section
(1) The blood sample was taken in the regular course of business of the hospital for the diagnosis and treatment of such injury; (2) the blood sample was taken by a person licensed to practice medicine in this state, a qualified laboratory technician, an emergency technician II or a registered nurse; (3) a police officer as demonstrated to the satisfaction of a Judge of the Superior Court CT Page 8272 and such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor . . . in violation of subsection (a) of Section
14-227a ; and (4) such Judge has issued a search warrant in accordance with Section54-33a authorizing the seizure of the chemical analysis of such blood sample.
It can be seen, as the defendant plainly claims in his brief and oral argument, that the law provides different standards for a determination of admissibility of evidence depending upon whether the blood alcohol content (BAC) was obtained by the police or whether it was taken by the hospital in connection with the treatment for an injury.
Because of these differences in treatment, the defendant claims five constitutional violations:
1. The
2. Article
3. The
4. Article
5. Article
The
Article
Article
The defendant's analysis of his claims under these constitutional provisions are divided into two sections: 1) Equal Protection (pages 5-15 of brief) and 2) Discrimination on the basis of physical disability (pages 15-17 of brief). The court will follow a similar format.
EQUAL PROTECTION
The first claim involves the equal protection argument. It is well settled that parties challenging the constitutionality of a Statute have the burden of showing its invalidity beyond a reasonable doubt. McKinney v. Coventry,
In this case Section
The defendant in his argument does not acknowledge, however, that there are several safeguards which are present in subsection (1) which are not present in subsection (c). First, there is the use of hospital equipment used in the testing, not a kit in a police lock-up. Secondly, there is a limitation on the person who can take the test — a professional person not including a "certified or recertified" police officer. Thirdly, this challenged section of the law only applies to situations where the police have "demonstrated to the satisfaction of a judge of the Superior Court that such person was operating . . . while under the CT Page 8274 influence. . ." Fourth, there is the safeguard that a judge must have issued a search warrant in accordance with Section
The comparison drawn by the defendant is between accused persons in very different situations. The hospitalized person who is covered by subsection (1) has had probable cause found; he has had his blood test done in a hospital in the regular course of business which must be licensed and regulated as provided by law. (Section 19a — 491 C.G.S.); he has had the blood sample taken by a professional not a policeman; and the test was done in the private sector, not as state action or under color of law.
Under these circumstances, this Court finds that even if appropriately applied, the rational relationship test has been satisfied and a compelling state interest to has shown. This is particularly true where as indicated above it has been consistently held that every statute is presumed to be constitutional. Heslin v. Connecticut Law Clinic of Trantolo Trantolo,
This claim must also fail for a different, second reason. The defendant blood alcohol level was tested by a hospital in the ordinary course of business for the diagnosis and treatment of his injuries. The defendant cites no case to support a claim that either the State or Federal constitution protects the defendant from the actions of hospitals in the treatment of patients. The blood was not drawn as a result of state action. The challenged law provides merely for the admissibility and competence of the results of those tests which meet its standards. This is not a conclusive presumption case. See State v. Watson,
DISCRIMINATION/PHYSICAL DISABILITY
The second argument advanced by the defendant (pages
With regard to the allegations that Article
Under Connecticut law physical disability is defined, as indicated above, in Connecticut General Statutes Section
The attempt by the defendant to use the federal Equal Opportunities For Individuals with Disabilities definition contained at
Accordingly, the Court finds that it has not been established that the defendant in this case has been subject to segregation or discrimination because of physical or mental disability in violation of Article
The defendant's Motion to Suppress the evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense as shown by a chemical analysis of the defendant's blood, breath or urine is denied.
Leuba, J. CT Page 8276
Keogh v. City of Bridgeport , 187 Conn. 53 ( 1982 )
State v. Davis , 190 Conn. 327 ( 1983 )
Heslin v. Connecticut Law Clinic of Trantolo & Trantolo , 190 Conn. 510 ( 1983 )
McKinney v. Town of Coventry , 176 Conn. 613 ( 1979 )
Frazier v. Manson , 176 Conn. 638 ( 1979 )
United Illuminating Co. v. City of New Haven , 179 Conn. 627 ( 1980 )