DocketNumber: No. CV 94 070 52 06
Citation Numbers: 1995 Conn. Super. Ct. 8881
Judges: MALONEY, J. CT Page 8882
Filed Date: 8/2/1995
Status: Non-Precedential
Modified Date: 4/17/2021
The administrative hearing in this case was protracted, taking place over two days. The plaintiff and the police officer who arrested him were the principal witnesses. In addition, there was documentary evidence, including the officer's report on the A-44 form and supplemental narrative pages. Also in evidence were the paper tapes generated by the intoximeter machine. The hearing officer made two evidentiary rulings that are at issue in this appeal. She refused to allow the plaintiff's attorney to question the arresting police officer about a law suit in which he may have been a party, and she refused to go outside and listen to the engine noise made by the plaintiff's vehicle.
Following the hearing, the hearing officer rendered her decision, finding adversely to the plaintiff on the four issues prescribed by General Statutes §
I. Investigatory Stop
A police officer need not have probable cause to stop a motor vehicle. A brief investigatory stop is proper even in the absence of probable cause if the police have a "reasonable and articulable suspicion that a person has committed or is about to commit a crime." CT Page 8883State v. Lamme,
In the present case, the police officer who stopped the plaintiff in his vehicle, Officer Howard of the Southington Police Department, testified at the hearing that he observed the plaintiff start off from a standing stop, tires squealing and engine roaring. He stated that it was not "an ordinary start from a stopped position." He testified that he believed that the noise made by the vehicle violated the statute establishing maximum noise levels. He further testified that in his opinion the plaintiff then drove his vehicle well in excess of the posted speed limit of 35 mph.
A basic principle of administrative law is that the scope of the court's review of an agency's decision is very limited. General Statutes §
In the present case, the hearing officer was entitled to credit fully the testimony of the police officer notwithstanding contrary evidence that may have been presented by the plaintiff and notwithstanding errors or weaknesses in his testimony that may have emerged in cross-examination. That being so, the hearing officer had sufficient and substantial evidence to support her finding that the police officer was justified under the law in stopping the plaintiff for further investigation.
II. Evidence of Engine Noise Level CT Page 8884
The plaintiff argues that the hearing officer's refusal to listen for herself to the noise level of the vehicle during the administrative hearing deprived him of his due process rights. In support of this argument, the plaintiff cites Huck v. Inland Wetlands WatercoursesAgency,
Assuming that the plaintiff could have established that the vehicle's engine noise level was the same at the time of the administrative hearing as it was at the time the police officer heard it prior to stopping the plaintiff, that evidence would have been relevant to the issue of the reasonableness of the police officer's suspicions that led to the stop. Nevertheless, under the circumstances of this case, the court concludes that the hearing officer's ruling excluding that evidence is not a sufficient reason for reversing her decision.
"In evaluating the validity of such (an investigative) stop, courts consider whether, in light of the totality of the circumstances — the whole picture, the police officer had a particularized and objective basis for suspecting the particular person stopped of criminal activity." (Citations and internal quotation marks omitted.) State v. Harrison
In the present case, in addition to the police officer's testimony about the noise emitted by the plaintiff's vehicle, the hearing officer also had the testimony that the tires squealed as the vehicle started off, indicating an abnormal burst of speed, and that the vehicle then did attain excessive speed. Thus, the totality of the circumstances as described by the police officer, even without evidence of the engine's actual noise level, afforded sufficient basis for the stop. CT Page 8885
General Statutes §
III. Accuracy Check of Intoximeter Machine
The police officer indicated on his A-44 report form that he checked the intoximeter machine in accordance with the requirements of the law and he testified at the administrative hearing concerning the testing procedure. The hearing officer thus had ample and substantial evidence to support her finding that the results of the tests of the plaintiff's alcohol level in his blood were reliable. See Schallenkamp v. DelPonte,
IV. Cross-Examination of Police Officer
The plaintiff's attorney attempted to cross-examine Officer Howard, the arresting police officer, about a law suit in which the officer may have been a party. The attorney suggested by way of an offer of proof that the law suit concerned the officer's conduct during the arrest of another person in an unrelated case. He argued essentially that it would be evidence of bias against others whom he arrested, such as the plaintiff, affecting his credibility as a witness at the hearing in this case. The hearing officer based her decision to exclude questions concerning the police officer's possible participation in a law suit on the fact that the law suit, if indeed it existed, did not involve the plaintiff in any way. She concluded that such questions would be irrelevant.
"Judicial review of [an administrative agency's] action is governed by the Uniform Administrative Procedure Act (General Statutes, c. 54,
Although a party is normally afforded wide latitude in cross-examination, especially concerning potential bias or prejudice of the witness, the right is subject to reasonable limitations. In particular, General Statutes §
For all of the above reasons, the plaintiff's appeal is dismissed.
MALONEY, J.