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Steven A. Tomeo & Associates, LLC

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Steven A. Tomeo & Associates, LLC

Per Se Matters with Commissioner of Motor Vehicles (See CT ADC Sec. 14 – 227b – 12)

  1. Scheduling a Per Se Hearing

    1. Initial hearing to determine license suspension is scheduled upon request of operator, & must be requested within 7 days of date of mailing of notice of suspension.
      1. With good cause, hearing officer or operator can request a continuance of up to 15 days.
      2. The attorney for operator can request in writing a 2d continuance if there is a conflicting court appearance.
      3. Further continuances can be granted upon written certification to Commissioner of facts surrounding need for continuance. (See 14 – 227b – 15)
  2. After Hearing

    1. If Commissioner fails to file a decision within 90 days of hearing, the operator can apply to Hartford Superior Court for an order requiring DMV to issue its final decision.
    2. Request for Reconsideration – file in writing within 15 days of notice of mailing of final decision. (note — this does not change date of “final decision”!!!)
      1. Important: The commissioner’s decision is a final decision, which starts appeal clock running
  3. Appeal to Superior Court

    1. File petition within 45 days of mailing of final decision vii (even if Request for Reconsideration has been filed & has not yet been acted upon)
    2. Within 45 days after filing appeal, must file affidavit or sheriff’s report regarding service of appeal
      Plaintiff’s brief: file 30 days after defendant’s answer, or the return of record, whichever is later.
    3. Any motion for extension of time must be filed before time for filing brief expires and must include:
      1. reason(s) extension is needed
      2. whether other parties object/do not object to extension
      3. whether previous request(s) for extension have been filed, &, if so, the results of those requests
  4. Appeal from Superior Court to Appellate Court

    1. File initial appeal papers within 20 days of notice of judgment or decision.
      1. Time may be extended upon written request filed before time for filing appeal expires.
    2. Appellant brief due within 45 days of delivery date of ordered transcript (If no transcript required, 45 days from filing of appeal
    3. Appellee brief due within 30 days of appellant’s brief. xiii
      1. All motions for extension of time to file briefs must be in writing, filed before due date of brief, xiv and in accordance with Conn. R. App. Proc 66-1 and 66-2.

Administrative Per Se Through Connecticut’s DMV
Connecticut’s Department of Motor Vehicles information page explaining the penalties the DMV can impose on you drivers license.

Connecticut’s Drunk Driving Law
Explains the DUI laws that effect motorist in the state of Connecticut.

For details on form, page limitation, copies, etc., please see relevant statutes or regulations.

  1. Conn. Gen. Stat. § 14-227b(e)(1).
  2. Conn. Gen. Stat. § 14-227b(g).
  3. Reg. Conn. State Agencies §§ 14-137-38 (e)(3) and (4).
  4. Conn. Gen. Stat. § 4-180 (b).
  5. Conn. Gen. Stat. § 4-181a (a)(1).
  6. Conn. Gen. Stat. § 4-180 (c).
  7. Conn. Gen. Stat. § 4-183 (c).
  8. Conn. Prac. Book § 14-7 (a).
  9. Id.
  10. Conn. R. App. Proc. § 63-1 (a).
  11. Conn. R. App. Proc. § 66-1.
  12. Conn. R. App. Proc. § 67-3.
  13. Id.
  14. Conn. R. App. Proc. §§ 66-1 and 66-2.

Regulations of Connecticut State Agencies Currentness
Title 14. Motor Vehicles
Department of Motor Vehicles ( 4)

Administrative Procedures for ‘‘Per Se’’ Suspension of Motor Vehicle Operator’s License
Sec. 14-227b-1. Definitions

For the purpose of Sections 14-227b-1 to 14-227b-29a, inclusive, the following terms shall have the following meanings:

(1) ‘‘Chemical analysis,’’ ‘‘chemical test,’’ or ‘‘test’’ an analysis of blood or urine or a direct alcohol test performed in accordance with the provisions of sections 14-227a-1b to 14-227a-10b, inclusive, of the Regulations of Connecticut State Agencies.

(2) ‘‘Commissioner’’ means the commissioner of motor vehicles or his designee as defined in subdivision (16) of subsection (a) of section 14-1 of the Connecticut General Statutes.

(3) ‘‘Department’’ means the department of motor vehicles.

(4) ‘‘Failed’’ or ‘‘failure’’ of a chemical test means that the ratio of alcohol in a person’s blood, as determined by chemical analysis, is eight-hundredths of one percent or more of alcohol, by weight.

(5) ‘‘Notice of arrest’’ means the initial receipt of notice by a person that he has been arrested, whether by being taken into custody by a police officer and informed of his arrest by the officer, or by receipt of a summons, or by receipt of a warrant served by a marshal or other court officer.

(6) ‘‘Offense’’ means operating a motor vehicle while under the influence of intoxicating liquor or any drug or both as provided in subsection (a) of section 14- 227a of the Connecticut General Statutes.

(7) ‘‘Operator’s license’’ means a valid license or permit to operate a motor vehicle issued by the Connecticut Department of Motor Vehicles.

(8) ‘‘Privilege’’ means the nonresident motor vehicle operating privilege granted to a licensed resident of another state, province or country under section 14-39 of the Connecticut General Statutes.

(9) ‘‘Statutory period’’ means one of the following periods of time:

(A) for individuals 21 years of age or older:

(i) ninety days if a person submitted to a test or analysis and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight;

(ii) one hundred twenty days, if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight;

(iii) six months if a person refused to submit to such test or analysis;

(iv) nine months if a person submitted to a test or analysis, and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes.

(v) ten months if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes.

(vi) one year if a person refused to submit to such test or analysis, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended under section 14-227b of the Connecticut General Statutes;

(vii) two years if a person submitted to a test or analysis, and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was eight-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b; (viii) two and one-half years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person had previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes; or

(ix) three years if a person refused to submit to such test or analysis, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes.

(B) for individuals under the age of 21:

(i) one hundred eighty days if a person submitted to a test or analysis and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight;

(ii) two hundred forty days, if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight;

(iii) twelve months if a person refused to submit to such test or analysis;

(iv) eighteen months if a person submitted to a test or analysis, and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes;

(v) twenty months if a person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident privilege suspended under section 14-227b of the Connecticut General Statutes;

(vi) two years if a person refused to submit to such test or analysis, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended under section 14-227b of the Connecticut General Statutes;

(vii) four years if a person submitted to a test or analysis, and the results of such test or analysis indicate that the ratio of alcohol in the blood of such person was two-hundredths of one percent or greater of alcohol, by weight and less than sixteen-hundredths of one percent of alcohol, by weight, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes;

(viii) five years if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was sixteen-hundredths of one percent or more of alcohol, by weight, and such person had previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes; or

(ix) six years if a person refused to submit to such test or analysis, and such person has previously had such person’s operator’s license or non-resident operating privilege suspended two or more times under section 14-227b of the Connecticut General Statutes.

(10) ‘‘Suspension’’ means the temporary withdrawal of a person’s motor vehicle operator’s license or privilege to drive in this state for a specific period of time.

(Effective January 1, 1990; amended September 3, 1997, July 11, 2006)

STEVEN TOMEO, ESQ.

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(860) 764-2744

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