Free Connecticut Drunk Driving Defense FAQs | Free Connecticut Drunk Driving Defense Legal Documents

What Are The Roles Of The Superior Court & The Department Of Motor Vehicles?

Tue, 29 May 2007 21:19:00 GMT

It is important to understand that an arrest for driving under the influence in Connecticut results in action in two distinct forums, the Superior Court and the Department of Motor Vehicles. In the Superior Court, a defendant is prosecuted for having violated the law. In the Department of Motor Vehicles, an operator's permit may be suspended administratively for failing or refusing to submit to a chemical alcohol test. Although the action in each forum is based on the same set of facts, each forum acts independently of the other.

What Is The Dmv Administrative Hearing?

Tue, 29 May 2007 21:19:00 GMT

Before a DMV suspension is effective you are entitled to a hearing which is conducted before the Commissioner of Motor Vehicles. The hearing is administrative in nature, and it may occur at a branch office of the DMV or at a municipal building utilized by the DMV. Although every person who fails or refuses a chemical alcohol test is entitled to a hearing, the hearing is not scheduled automatically and instead must be specifically requested. Failure to request a hearing in a timely manner will result in a waiver of the hearing and a suspension of the operators permit.

What Are The Issues At The Administrative Hearing?

Tue, 29 May 2007 21:19:00 GMT

At the DMV hearing evidence is limited to four issues:

1. Was the operator arrested for driving under the influence; 2. Did the police officer have probable cause for the arrest; 3. Was the vehicle operated on a public road; 4. Did the operator fail or refuse an alcohol test.

If the Commissioner of Motor Vehicles finds these four issues in the affirmative, the license will be suspended. You have the right to contest these issues by submitting your own evidence, testifying on your own behalf, and issuing a subpoena to compel the attendance and testimony of the police officers involved.

Can I Get A Work Permit?

Tue, 29 May 2007 21:19:00 GMT

If your operators license is suspended, you may be eligible to apply for a work permit. You will NOT be eligible if:

1. Your operator's license has been suspended for a past alcohol related offense; 2. Your operator's license has been suspended for failure to appear in court; 3. You have moving violations on your driver's history; 4. You have less than 27 days to serve on your suspension; 5. You are unemployed.

Also, if you REFUSED the chemical alcohol test you will be TEMPORARILY ineligible for a work permit for ninety days.

If you are eligible to apply for a work permit you may request an application form from the DMV directly. In submitting your application you will be required to provide information regarding your employment and the hardship you will suffer if the work permit is not granted. Once the application is complete, it is submitted the DMV which acts on the application without a hearing.

What Happens In Superior Court?

Tue, 29 May 2007 21:19:00 GMT

In the Superior Court, driving under the influence is a charge that is prosecuted aggressively. By statute, a States Attorney may not reduce or dismiss a driving under the influence charge without first stating the reason on the record in front of the Judge. The defense attorney must examine a number of factual and technical issues in each case and must discuss these issues in detail with the States Attorney. Based on the complexity of the facts, a DUI case will generally not be resolved in a single Court appearance.

What Are The Penalties For Dui?

Tue, 29 May 2007 21:19:00 GMT

If you are convicted of driving under the influence as a first offender the penalties may include a two day period of incarceration unless the Court allows you to perform 100 hours of community service instead. Other penalties associated with a first conviction include a period of probation, an alcohol evaluation and possibly additional counseling, fines, fees and Court costs. In addition, the DMV will suspend your operator's permit for one year based on a first conviction. If you have been previously convicted of driving under the influence within the last ten years you may be treated as a second or subsequent offender and increased penalties are imposed.

What Is The Alcohol Education Program?

Tue, 29 May 2007 21:19:00 GMT

If you have never been charged with driving under the influence before you may be eligible to use the Alcohol Education Program (AEP). To apply for this program you will be required to state under oath that you have never been convicted of driving under the influence in Connecticut or any other state AND you have never used the alcohol education program before. If you are granted admission to this program your case will normally be continued for one year. During this period of time you would be required to attend educational classes and possibly additional substance abuse counseling. The cost and duration of the program is based on the level of alcohol in your system at the time of the arrest. If you successfully complete the program the charge will be dismissed.

What Happens If I Drive While My License Is Under Suspension For An Alcohol Related Offense?

Tue, 29 May 2007 21:19:00 GMT

If you are arrested for diving under suspension after an alcohol related offense the law provides for thirty days of minimum mandatory incarceration.

How Do I Get To The Alcohol Education Program If My License Is Suspended?

Tue, 29 May 2007 21:19:00 GMT

You may delay entry into the alcohol education program until your license has been restored.

Can I Get A Work Permit To Use My Cdl?

Tue, 29 May 2007 21:19:00 GMT

No, work permits specifically exclude operation of vehicles for which a Commercial Drivers License is required.

Will The Dmv Automatically Send My License Back After My Administrative Suspension Ends?

Tue, 29 May 2007 21:19:00 GMT

No, you must apply to the DMV for a restoration of your license

What Happens If My Thirty Day Temporary License Expires Before My Dmv Hearing?

Tue, 29 May 2007 21:19:00 GMT

You may apply to the DMV for a two week extension of your temporary operators permit

What Are The Speed Limits In Connecticut?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute
The 55 mph speed limit
Prima Facie All the lower limits Interstate 55 mph
Ltd Access Rds 55 mph
Other Primary Rds 55 mph
Residential 25 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar No
Photo Radar No
Aircraft Yes
Laser Yes

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

All accidents must be reported by the investigating police officer to the Department of Transportation.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Minimum limits: $20,000/40,000/10,000. Connecticut has uninsured motorists law.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle if an occupant is under 21 years of age. Consumption while operating a vehicle is prohibited.
Unloaded firearms are permitted in the vehicle with a valid permit for handguns. Firearms are not required to be cased.
Studded tires are permitted from November 15 to April 30.
Tire chains are not required.
Connecticut has a seat belt law with primary enforcement.
Connecticut has a mandatory child restraint law for passengers under 5 years of age. Children under age 5 and weighing less than 40 pounds must use approved car safety seats.
Connecticut has mandatory motorcycle helmet law for persons under 18 years of age and all drivers with instructional permit.
Registration and insurance card must be carried in the vehicle.