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Steven A. Tomeo & Associates, LLC

Connecticut DUI Arrest FAQs

A: If you mean that you had the Alcohol Education program 10 years ago that means you did not have a conviction and you would be eligible for the Accelerated Rehabilitation diversionary program (CGSA Sec. 54-56e). The rule of thumb is that if you have a prior conviction of a crime or of some other specified violations in the AR statute then you are not eligible for Accelerated Rehabilitation. It sounds like you have no prior conviction. It appears that the crime you are charged with does not make you ineligible. If you go to the forms section of the judicial website in CT and then go to criminal forms you can open up the AR form, which will better explain to you what I just did. Thank you.
A: This memo assumes a client will successfully complete the AEP program.
  1. From now until time of AEP completion: if asked “have you ever been arrested?” you would answer, “yes.” If asked whether you have ever been arrested for a felony, the answer is “no.”
  2. When asked at any time “have you ever been convicted of any crime?” the answer is “no.” The AEP program suspends prosecution during the time of participation in the program so there is no conviction while participating in the AEP program.
  3. Upon successful completion of the AEP, the client should immediately file for dismissal of the charges. After the dismissal of the charges, which takes one year, and expiration of the time for appeal, the client should immediately petition for erasure of his records under 54-142a. Once the petition to erase is granted, the client can swear that he was never arrested.
Conn. Gen. Stat. §54-142a (e): Any person who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath. The only sticking point comes if the client is asked “have you ever participated in any sort of alcohol education or alcohol rehabilitation program?” He would have to answer “yes.” If this comes up in the course of employment and the client has been squeaky clean since his arrest, he probably can explain it away as a stupid-youth experience from which he certainly learned his lesson.
A: The simple answer is NO! However, while you have no Conviction, your Driver History at the DMV will reflect the AEP program.
A: The simple answer is that you will be brought back into Court, and at that point, the Judge can order you treated as a First Offender, which means that you are facing jail, fine and probation, along with a lost of license for 1 year. IT IS YOUR RESPONSIBILITY TO COMPLETE THE COURSE. However, in some instances and for good cause shown, the Court may re-instate you into the AEP and give you a certain amount of time to complete it. Remember, when you go on this program, document all that you do, CYA in case a problem arises such as missing a class or having a falling out with the program director or the teacher. When there is a problem, you should contact Adult Probation. Remember though, that all of these individuals have 8 hours a day to do their jobs. They are in Court and meeting with people. If you screw up, it is your fault! The Court will stick up for them. So, take the classes.
A: The simple answer is that your case is dismissed one year after the Judge granted your application for the AEP program and provided you completed it.
A: You make the application to the Court. You will be placed under oath, by the Clerk, and the Judge will ask you several questions. If you answer that you have never been convicted of the crime of driving under the influence of alcohol or drugs, in Connecticut, or any other state, and you have not had the AEP in Connecticut or any other state within the past 10 years, you are qualified. Then the Adult Probation Department will check your criminal and driver history to verify the accuracy of your answers. Remember, when you respond to the Judge’s questions you are answering under the penalty of perjury. Some attorneys will tell you that if your conviction for a drunk driving offense is over 10 years old, that you qualify for the AEP program. This is not accurate. If you have a conviction for drunk driving, then you do not qualify for the AEP.
A: This is a diversionary program that results in the Criminal Drunk Driving Charge being dismissed provided you qualify for the program and complete the course you are offered. There is an application fee of $200.00. The Court, if you qualify, will order you to take either 10 or 15 sessions of this educational program. The added cost for the 10 session program is $350.00 and for the 15 sessions it is $500.00.
A: It isn’t that these people do not care. They are enforcing the laws passed by the Connecticut Legislature and doing what they have to do. Remember, the Legislature passes the laws that Judges, Prosecutors and the Police have to enforce. We have to live within the rule of law. Sometimes, we may all agree that the penalties are too stiff, but that is as far as it goes.
A: You may be entitled to a Special Driving Permit for this purpose. However, if you have a previous alcohol related suspension, you may not qualify. You fill out the proper form and submit it to DMV Driver Services Division. They will review your Driver History and determine if you are eligible.
STEVEN TOMEO, ESQ.

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