The Connecticut DUI Survival Guide

Transcription

1 A t to r ney s A t L aw R UANE Thank The Connecticut DUI Survival Guide DUI - HOPE you for purchasing the Connecticut DWI Survival Guide. informational packet has been designed with you, the non-lawyer in mind. This The following pages give you important information about the DMV process, the court process and the different parts of a DWI case defense. The use of this guide should not take the place of consultation with an attorney. It does not create any attorney client relationship between me, Attorney Jay Ruane, or my firm and you. Rather, this should be the first step in investigating your possible defenses to the DWI charge you face. WHAT S INSIDE: The Ruane Difference 10 Common Questions The Intoxilyzer B.A.C. Calculator The DMV The Penalties Sample DMV Letters 11 How to: The Work Permit 17 The Criminal Process 23 MADD s Misleading Stats 34 New Client Packet 43 Dealing With It PREVIEW 56

2 CT DUI Survival Guide The Ruane Difference DEDICATION No member of our firm has ever been a prosecutor. Instead we choose members who are committed to the principles of defense work from day one. Our goal as advocates is to evaluate each case independently and put the State to its proof. Each case, like each client, is unique. In all of our years of handling these cases, we have never found an indefensible case. The most important thing to remember is that just because you feel guilty for being arrested, that does not mean you are guilty of a crime. As a boutique firm, we can take the time to determine the needs of each individual client and we can apply our legal and technical resources to meet those needs. We meet the needs through four areas of exceptional dedication to DWI defense. FOCUS Ruane Attorneys at Law accepts as clients as persons accused of drunk driving. Almost every other firm in Connecticut will handle a variety of cases, even in such divergent fields as estate planning, bankruptcy, civil law suits and divorce. We focus our efforts and attention on the defense of those accused, especially drunk driving. KNOWLEDGE Who do other attorneys turn to when they have a DWI question? They turn to Ruane Attorneys at Law. Our office fields dozens of calls and s each week from other professionals trying to defend a DUI case, both in and outside of Connecticut. TRAINING No other firm in the local area can boast having both a Certified Criminal Trial Specialist and an attorney who has completed the rigorous National Highway Transportation Safety Authority Standardized Field Sobriety Testing course in one office. We do. CONTINUING EDUCATION In order to stay up to date on the advances in DUI defense, our attorneys complete over 40 hours yearly in continuing legal and scientific education. Also, utilizing technology, our attorneys are a part of a consortium of over 100 lawyers throughout the nation who regularly exchange scientific articles and developing caselaw on a daily basis. The Ruane Difference THE RUANE 12 POINT CLIENT COMMITMENT PLAN Before You Hire Us 1. No voic ...ever! You will always speak to a live person, 24 hours a day, 7 days a week, every day of the year. 2. A FREE no obligation, no commitment consultation with one of our highly trained attorneys to immediately assess your situation when YOU are available. 3. A detailed explanation of the DUI justice system in easily understandable language--no lawyer speak. 4. Specific, clear instructions to guarantee you do not miss a deadline in securing your rights with the Department of Motor Vehicles, even if you do not hire us. 5. A complete and detailed breakdown of the legal fees and additional costs which you are facing. No hidden costs or hourly add-ons to break your budget. 2

3 10 Questions Common DUI Questions Answered! 1. What is the scientific theory that the Breath machine is based upon? The concept is called Henry's law, which states that there is a proportional concentration of a substance in a gas above a liquid (the "headspace") as is in the liquid solution itself. 2. What is the one critical difference between the scientific theory and how it applies to a DWI case? The concept is found in a closed system, however, the human system is not a closed system (and it can never be closed, unless you are dead), so the numbers will be off in the calculation. 3. Why did the Police officer ask if you were diabetic? Diabetics can naturally produce ketones, which can skew the test machine. 4. What is the way the State Toxicologist attempts to prove your Blood Alcohol Level at the time you were driving? The concept is called Retrograde Extrapolation. The fundamental assumption in this process is that the person is only in the elimination phase of alcohol metabolism. Oftentimes, the time when a person transitions to strict elimination cannot be pinpointed. 5. What are the signs that people exhibit when driving their car under the influence? Turning with wide radius Straddling center of lane marker "Appearing to be drunk" Eye fixation Tightly gripping the steering wheel Slouching in the seat Gesturing erratically or obscenely Face close to the windshield Drinking in the car Driver's head protruding from the car Almost striking object or vehicle Weaving Driving on other than designated roadway Swerving Speed slower than 10 M.P.H. below limit Stopping in lane for no apparent reason Following too closely Drifting 3

4 CT DUI Survival Guide 10 Common Questions Tires on center or lane marker Braking erratically Driving into opposing or crossing traffic Slow response to traffic signals Signaling inconsistent with driving actions Stopping inappropriately (other than in traffic lane) Turning abruptly or illegally Accelerating or decelerating rapidly Headlights off at night 6. What are the approved Field Sobriety tests in Connecticut and how were they developed? The initial research conducted by the National Highway Traffic Safety Administration concluded the Pen Test (Horizontal Gaze Nystagmus) is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any deviation from the standardized manner will compromise the tests validity. 7. What can cause false positives on the Breath Test machine? Acetone, body temperature deviation, radio frequency interference, to name a few. 8. The Court fees seem to be very expensive. Can they be waived? Until October 1,2003, judges routinely waived the fees and costs associated with a disposition of a case. The legislature has changed the rule to require that a Judge find in writing that sufficient good cause exists for the fees to be waived. In order to attempt to the fees waived, you need to fill out a financial affidavit, and disclose all of your financial affairs. Even that does not guarantee that you will have the fees waived. 9. What happens if the police officer doesn't show for court? Unlike in other states where the police office must report to court following an arrest, in Connecticut, there is no such requirement. In fact, you may never see the officer again if you case can be resolved without a trial. 10. My lawyer too my money and just told me I should enroll in alcohol counseling. Why should I worry about a defense? This is a very common question. The truth is that each year there are more and more DWI arrests. If you enroll in alcohol counseling prior to your case being resolved, you may actually set yourself to have to do more than another person for your case to be resolved Also, if you enroll in counseling, you take away that opportunity to do counseling for another 10 years. If you can guarantee that you will not be pulled again (and since you can't control the police, you can't) it is wise to investigate and make sure you are taking the correct action. This way you do not temporarily make things easier, but hurt yourself in the long run. 4

5 Ruane Attorneys at Law THE RUANE 12 POINT CLIENT COMMITMENT PLAN After You Have Hired Us 6. Complimentary use of our PerSeDMV service--a former DMV Hearing Officer will review your file to establish each and every defense you have to the automatic suspension of your license. 7. A full and complete investigation into all the important facts in your case. 8. Regular updates on the status of your case by our trained staff. 9. Referrals to psychological and substance abuse programs if needed. 10. Mailed and telephone contact reminders for court dates. When Your Case Is Done 11. File maintenance for 7 years in a password secured digital format. 12. Continued updates of the law as it may impact your life and license, direction to a highly qualified lawyer on ancillary legal matters and advice on how to handle disclosure of DWI arrest after the case is dismissed with explanatory letters to interested parties as necessary. Choosing the Right Lawyer How to choose the RIGHT lawyer How do know if the attorney you are hiring for your DWI Defense can lead you in the right direction? After you decide to hire a whether it will motivate the lawyer to spend sufficient time on your lawyer, you ll be facing your next behalf. big decision: which one should i choose? There isn t any specific Defending a DWI can involve quality to look for in finding a hours of research and dedication. successful attor ney. Eac h If enough time isn t put into individual has differing views as to what is most important. Some are seeking the lawyer with the most extensive track record, some may want the one they can trust the most, and some are looking for important tasks such as consulting an expert or gathering test results, you could lose your case. Make sure you quiz each lawyer you interview about their training in DWI defense and the intricacies of years of experience. But whatever the science. The State of quality finalizes you decision, be Connecticut has a specialized sure it is not simply the cheapest department which coordinates offer. Be wary of lawyers who write to you offering to take your case. Think about it. If they are truly the best at what they do, why do they need to write to you to training of prosecutors in DWI cases. Do you want a lawyer who doesn t keep up to date on the latest scientific issues? As hard as it is to turn down see if you will hire them? Also, if the cheapest offer, make sure you these lawyers are sending out know what you re getting yourself letter after letter to other arrested into if you hire a bargain attorney. persons, aren t they going to be Prosecutors know all about these more concerned with minimizing lawyers and do hesitate to take work because of the volume of advantage of such a situation. In their caseload? the end, the cost of losing your Remember, whatever price case will be much tougher on your you pay for a lawyer constitutes how much time they will put into wallet and criminal record than a reasonably priced DWI attorney. your case. If you are offered an extremely low fee, consider 5

6 Ruane Attorneys at Law COUPON for Free Consultation RUANE Attorneys At Law COUPON FOR A FREE CONSULTATION IN-OFFICE APPOINTMENT OR PHONE CONFERENCE SCHEDULE YOURS TODAY! Call (203) or Visit 6

7 The Intoxilyzer Why & How? The Intoxilyzer is the machine which is used by law enforcement in Connecticut to test for the presence of alcohol when they have arrested a person for DWI. The machine is manufactured by a company called CMI from Kentucky. This device uses infrared spectroscopy, which identifies molecules based on the way they absorb infrared light. All molecules are constantly vibrating, and these vibrations change when the molecules absorb infrared light. The changes in vibration include the bending and stretching of various bonds. Each type of bond within a molecule absorbs infrared light at different wavelengths. So, to identify ethanol in a sample, you have to look at the wavelengths of the bonds in ethanol (C-O, O-H, C-H, C-C) and measure the absorption of the infrared light. The absorbed wavelengths help to identify the substance, as ethanol, and the amount of IR absorption tells you how much ethanol is present. In The Intoxilyzer: 1. A lamp generates an infrared beam. 2. The subject blows into the breath intake. 3. The breath eventually passes out the discharge hole. 4. Subject breath accumulates in the sample chamber. 5. The infrared beam passes through the sample chamber. 6. The beam focused by a lens onto a spinning filter wheel. 7. The filter wheel contains narrow bands of filters theoretically specific for the wavelengths of the bonds in ethanol. 8. The light passing through each filter is detected by the photocell, where it is converted to an electrical pulse. The pulse is relayed to the microprocessor, which interprets the pulses and calculates the B.A.C. based on the absorption of infrared light. 7

8 The Intoxilyzer DUI PRO B.A.C. Calculator Cut along the dotted line and fill this out. Bring to our office when you have your first FREE consultation and receive your REAL pharmacology report! 8

9 The DMV How Your License Can Be Suspended The DMV has the ability to suspend your license if you have been arrested for a DWI. Depending on the number of prior DWI suspensions and whether you took a chemical (breath, blood or urine) test or refused, the DMV can suspend your ability to drive for a set time period (see following pages). You only have 7 days from the date of the notice of the notice of the license suspension to request a hearing! Depending on the circumstance of your arrest, the suspension period starts at 90 days. If you refused any chemical test, the suspension period starts at a minimum of 6 months! If the state has evidence to support these findings, they can suspend your license. In Connecticut, the proceedings following a DWI arrest are broken into two parts, the DMV or Administrative hearing AND the Court or Criminal hearing. Each carries it s own penalties, as you can find in the charts on the following page. In order to take away your license, the state must have evidence to support these findings: 1. There was probable cause for your arrest. 2. You were placed under arrest. 3. You were operating a motor vehicle. 4. You have taken a chemical test within 2 hours and it read about a.08 OR you have refused the test. After the Penalties page, you can find copies of the Appearance Form and three letters that you will receive from the DMV. The Appearance Form we file with the DMV after you have retained which legally binds us to your case. As for the letters you will receive the DMV, the first is the notice of suspension, which indicates the time period in which you have to schedule the Administrative hearing as well as all other pertinent information concerning your case. The second letter is an example of your Hearing Notice, which you will receive AFTER you or your lawyer has scheduled your hearing. It indicates where and when your hearing will take place. The third letter is an example of the decision letter, which you will receive AFTER your hearing and this indicates the decision rendered by the DMV. The decision of whether or not your license has been suspended does NOT affect the outcome of the criminal hearing OR the DMV decision affected by the Courts. We have also included a second Decision letter indicating a win, or in other words, a DMV hearing in which our client s license was NOT suspended. These hearings CAN be won and often are, but without an experienced attorney, that positive outcome is far less commonplace. After the four sample copies of DMV letters, we have also provided you with a copy of the License Change of Address Card. This form is not required for any particular aspect of the DMV process in a DUI case, however, we have simply provided you with it to save you a trip to the DMV should you need to change your address. Print out the page, cut along the dotted lines and fill out accordingly! 9

10 The Penalties The Consequences of DWI Offenses The DMV Administrative Penalties Blood Alcohol Level First Offense Second Offense Third Offense Refusal 6 Months 1 Year 3 Years Above 0.02 & Under Days 9 Months 2 Years Above 0.08 & Below Days 9 Months 2 Years Above Days 10 Months 2.5 Years The Criminal Penalties First Offense Second Offense Third Offense Fines: $500 - $1000 $ $4000 $ $8000 Jail Time: 6 Months; 48 Hours Mandatory 2 Years; 120 Days Mandatory 3 Years; 1 Year Mandatory Community Service: 100 Hours 100 Hours 100 Hours License Loss: 1 Year 3 Years Permanent Revocation 10

11 The DMV Process Sample Appearance Form P-163 REV STATE OF CONNECTICUT DEPARTMENT OF MOTOR VEHICLES ADMINISTRATIVE HEARINGS SECTION On The Web At CASE NUMBER RESPONDENT HEARING DATE LOCATION LAW FIRM, PROFESSIONAL CORPORATION OR INDIVIDUAL INSTRUCTIONS Please type or Print. File original with Administrative Hearings Section, Department of Motor Vehicles, 60 State Street, Wethersfield, CT In the matter of A P P E A R A N C E COPY Please enter the appearance of MAILING ADDRESS JURIS NUMBER TELEPHONE NUMBER The Respondent The Following Respondent only: Other (Specify): SIGNED (Individual Attorney Signing Appearance) X PRINT OR TYPE NAME OF ATTORNEY SIGNING ABOVE In the above entitled case for All Respondents COPY DATE SIGNED NOTE: If other counsel have already appeared for the party or parties indicated above, state whether this appearance is In lieu of appearance of attorney or law firm already on file NAME OF ATTORNEY OR LAW FIRM In addition to appearance already on file 11

12 NAME ADDRESS REFERENCE # D.O.B. LICENSE # DATE Failing a breathalyzer OR refusal to take a chemical alcohol test. Connecticut driver s license or right to operate a motor vehicle in Connecticut. DATE DATE X MONTHS $ (860) CALL THIS NUMBER TO SCHEDULE A HEARING 12

13 DMV REFERENCE # YOUR NAME DATE DATE LOCATION OF HEARING TIME AND DATE OF HEARING ARREST LOCATION OF ARREST DATE OF 13

14 DMV REFERENCE # YOUR NAME DATE AND LOCATION OF HEARING LENGTH OF SUSPENSION DATE NAME OF HEARING OFFICER 14

15 A WINNING DECISION DMV REFERENCE # YOUR NAME DATE AND LOCATION OF HEARING DATE LICENSE RESTORED! THESE HEARINGS CAN BE WON. NAME OF HEARING OFFICER 15

16 The DMV Process License Change of Address Card B-58 REV CHANGE OF ADDRESS CARD FOR OPERATORS' LICENSE(S), VEHICLE REGISTRATION(S), AND/OR VESSEL(S) STATE OF CONNECTICUT - DMV On The Web At INSTRUCTIONS Joint owners may use this form if both operators' license numbers are listed. Copy information from your current registration. If more than four (4) marker plate numbers, use additional change of address cards. 3. Keep your license, registration and or vessel certificates. Cross out the old address and write in the new address in the space provided on your registration. A label to affix to the back of your photo license can be obtained from any DMV office or police department. PLEASE PRINT INFORMATION NAME (Last, First, Middle Initial) - APPLICANT 1 CHECK CHANGES LICENSE INFORMATION -OPERATOR'S LICENSE NO.(S) (9 digits) 1. OPERATOR'S LICENSE 2. MOTOR VEHICLE REGISTRATION VESSEL REGISTRATION VESSEL INFORMATION STATE NUMBER EXPIRATION DATE CHANGE OF ADDRESS IS TYPE OF PLATE (Camper, NOT FOR Passenger, Combination, etc) VOTER REGISTRATION PURPOSES REGISTRATION INFORMATION MARKER PLATE NUMBER Month Month EXPIRATION DATE Year Year NAME (Last, First, Middle Initial) - APPLICANT 2 Month Year (NEW) MAILING ADDRESS (No. and Street) Month Year CITY OR TOWN STATE ZIP CODE FORMER ADDRESS RESIDENT ADDRESS, IF DIFFERENT FROM MAILING ADDRESS (Cut along the dotted line and fill out accordingly.) 16

17 The Work Permit Your Guide to the Special Operator s Permit The work permit laws in Connecticut are some of the strictest in the nation. The best way to fight this is to contact your local legislator and voice your opinion. It is a travesty that a person who is presumed innocent of charges must run the risk of losing their livelihood, home and sometimes family in order to get to work following a DUI arrest. In the following pages, you will find a blank Work Permit application for your use as well as a second application that has been denoted with red boxes indicating the areas you need to fill in. You will also find the official DMV regulations regarding permits (the yellow box below and the copy of Title 14). Even though you may have a pristine driving history, the DMV still has the ability to withhold a work permit for some period of time or deny it altogether based on the circumstances of your case. However, as long as your license was in good standing prior to your arrest, and you do not have a large number of moving violations on your driving history, you should fill out the application and send it to the DMV at this address: Driver Services Division Department of Motor Vehicles 60 State Street Wethersfield, CT Since the work permit application process is handled entirely within the DMV, and there are no hearings as to the issuance of the permits, an attorney cannot expedite or influence the issuance of the work permit. An attorney plays no part in the process. In fact, we have found that sometimes SPECIAL OPERATOR S PERMIT INFORMATION Permits are NOT provided for operation of Commercial Motor Vehicles of Public Passenger Transportation Vehicles. YOU DO NOT QUALIFY FOR A SPECIAL OPERATOR S PERMIT IF: 1. You have been convicted of operating a motor vehicle while your operator s license or vehicle registration was suspended. 2. Your operator s license is suspended for a failure to appear in court. 3. You are now eligible for restoration. 4. Your operator s license has expired. 5. You do not possess an operator s license. 6. You are unemployed. 7. You have three or more moving violations on your driving history. 8. You have a previous alcohol related suspension. TO APPLY FOR FOR A SPECIAL OPERATOR S PERMIT, YOU MUST File an application under oath, signed by your employer, providing information about your employment. If the application is incomplete it will be returned and delay consideration of the application. The Department may contact your employer or supervisor for verification of employment and work schedule. Your driving history will be evaluated to determine eligibility for a special operator s permit. IF YOU ARE APPROVED FOR A SPECIAL OPERATOR S PERMIT, PRIOR TO ISSUANCE, YOU MUST: Contact your insurance company and request that they file a Certificate of Financial Responsibility Form SR-22, with the DMV, if you have been suspended for any of the following: Driving While Intoxicated, Reckless Driving, Evading Responsibility, Racing or Failure to Maintain Insurance. IF YOU ARE AN OPERATOR LICENSED IN ANOTHER STATE, YOU MUST: Submit a current certified copy of your driving history from your licensing state with your application. 17

18 The Work Permit it is better for the client to apply without any input from the Attorney, because sometimes applications get acted upon faster when they do not come from an attorney s office. The recent layoffs in State government and the retirement incentives have dramatically reduced the number of persons within the Driver s services unit at the DMV. This unit is the only unit which processes the Work Permit applications. There is no "in person" assistance at this unit and all correspondence is done by mail so immediate application is vital to the approval of your Work Permit. The DMV also requires the $ restoration fee to be paid at the time of the issuance of the work permit. Enclose with your Work Permit Application the form below (as located in the cut-out box) with a check or money order made payable to the DMV for the $ Most importantly to note, if you refused a breath, blood or urine test, the DMV, by law, does not have to issue a work permit at all. Most of the time, however the DMV will consider a work permit after you have served a minimum 90 days without driving. Similarly, if Introduction you have taken the breath test, the DMV can make you serve a 30 day hard suspension without driving prior to issuing a work permit. These periods of hard suspension were created as a result of federally mandated programs which tied federal money to license suspension periods. Don t forget to get the proper signature from a boss or supervisor where it is required or the DMV will return the application without a work permit. Do not delay in returning the application because the sooner the DMV receives it, the sooner they can act. Even if you have a perfect defense, you should not hesitate in sending in this application. We cannot stress how important it is for you to not delay in filling out and filing the special operator s permit. Get to work on the process immediately after finishing this section. If you are found operating while your license is under suspension for an alcohol related offense (14-215c), you must serve a mandatory 30 day jail sentence and you will lose your license for another 2 years from the date of your conviction. INSTRUCTIONS FOR RESTORATION OF LICENSE Mail this form along with a check or money order payable to the DMV in the amount of $ to the address below. Do not mail cash to the Department of Motor Vehicles. Your restoration notice will be mailed within 5 business days of receipt. DEPARTMENT OF MOTOR VEHICLES DRIVER SERVICES DIVISION 60 STATE STREET WETHERSFIELD, CT The Suspension Telephone Center operates 24 hours a day, 7 days a week. Please call (860) NAME: D.O.B.: LIC. #: ADDRESS: 18

19 The Work Permit Title 14 Motor Vehicles TITLE 14 MOTOR VEHICLES The Work Permits in Connecticut are authorized in accordance with Connecticut State Law Title 14 Sec.14-37a. Below we have provided with you Sec a-2, which outlines the State requirements for Work Permit eligibility. Remember to submit you Work Permit application regardless of whether or not you think you re eligible in accordance with these standards. Sec a-2. Eligibility for work permit (a) Except as provided in subsection (b), any person whose motor vehicle operator s license or nonresident operating privilege is suspended pursuant to any provision of chapter 246 or 248 of the Connecticut General Statutes may make application for a work permit. (b) The following persons shall not be eligible for a work permit: (1) A person whose motor vehicle operator s license or nonresident operating privilege is under suspension pursuant to section of the Connecticut General Statutes; (2) A person whose motor vehicle operator s license or nonresident operating privilege is under suspension pursuant to section of the Connecticut General Statutes; (3) A person whose motor vehicle operator s license or nonresident operating privilege is under suspension pursuant to subsection (i) of section b of the Connecticut General Statutes, if such person s operator license or non-resident operating privilege has been suspended previously pursuant to subsection (i) of section b of the Connecticut General Statutes. (c) The commissioner shall not issue a work permit in the following situations unless the person has a driving history, including motor vehicle violations, license suspensions and accidents, which indicates in the sole discretion of the commissioner that the person is a safe and responsible driver, and the commissioner finds that denial of a work permit will cause a significant hardship to such person or his dependents: (1) A person whose motor vehicle operator s license or nonresident operating privilege is under suspension for a violation of section of the Connecticut General Statutes, or for a violation of section (b) of the Connecticut General Statutes, or for a violation of section of the Connecticut General Statutes, and such person has on his official driving history, as maintained at the department, either two or more moving violations, as defined in section g of the Connecticut General Statutes or included in section a-5 of the Regulations of Connecticut State Agencies, or any previous violation resulting in an operator s license suspension, where such moving violation or such suspension occurred prior to the violation which 19

20 The Work Permit Title 14 Motor Vehicles resulted in the operator s license suspension of the person; (2) A person whose motor vehicle operator s license or nonresident operating privilege is under suspension for a violation of 53a-56b of the Connecticut General Statutes, or for a violation of section 53a-60d of the Connecticut General Statutes, or whose suspension has been specifically recommended by a judge of the superior court pursuant to the provisions of section of the Connecticut General Statutes following the conviction of any other violation related to the safe operation of a motor vehicle; (3) A person to whom a work permit has previously been issued in connection with an alcoholrelated suspension of his operator s license or non-resident operating privilege; (4) A person who has on his official driving history three (3) or more moving violations included in section g of the Connecticut General Statutes or section a-5 of the Regulations of Connecticut State Agencies; (5) A person who, at the time of application for the work permit has on his official driving history an operator s license suspension for an indefinite period, except that upon resolution of such indefinite suspension, such person may be issued a work permit if he is otherwise qualified; or (6) A person whose driving history indicates that such person has been convicted of more than one alcohol related offense. 20

21 The Application Explained The Work Permit APPLICATION FOR SPECIAL PERMIT TO STATE OF CONNECTICUT OPERATE A MOTOR VEHICLE TO AND FROM WORK A-62 REV DEPARTMENT OF MOTOR VEHICLES DRIVER SERVICES DIVISION 60 STATE STREET, WETHERSFIELD, CT INSTRUCTIONS: TELEPHONE: (860) Please print or type. On The Web At 2. Complete the application in detail. 3. Multiple employment requires separate applications. Operation of motor vehicles requiring a CDL or used for Public Passenger Transportation is PROHIBITED under the Special Permit Program YOUR OFFICIAL DRIVING RECORD WILL BE REVIEWED AS PART OF THIS APPLICATION. NAME OF APPLICANT (Last, First, Middle) DATE OF BIRTH YOUR FULL NAME MAILING ADDRESS OPERATOR LICENSE NUMBER/STATE YOUR D.O.B. (Number and Street) (City or Town) SEX LICENSE # & STATE (State) M F (Zip Code) YOUR MAILING ADDRESS (AS UP-TO-DATE AS POSSIBLE) RESIDENCE ADDRESS (If different) (City or Town) (Number and Street) (State) (Zip Code) YOUR RESIDENCE (AS UP-TO-DATE AS POSSIBLE) NAME OF EMPLOYER (If self-employed, include business name and legal proof of self-employment) NAME OF EMPLOYER, OR IF SELF-EMPLOYED, INCLUDE BUSINESS NAME AND LEGAL PROOF OF EMPLOYMENT ADDRESS OF EMPLOYER (Number and Street) (City or Town) (State) (Zip Code) ADDRESS OF EMPLOYER OCCUPATION HOME TELEPHONE NUMBER JOB DESCRIPTION ( TO BE ISSUED A WORK PERMIT, YOUR SCHEDULE MUST BE CLEARLY IDENTIFIED, AND MAY NOT EXCEED A CONTINUOUS 12-HOUR PERIOD PER DAY. IF YOU HAVE MORE THAN ONE PLACE OF EMPLOYMENT, EACH EMPLOYER MUST COMPLETE A SEPARATE APPLICATION. ) HOME PHONE DAYS AND HOURS OF EMPLOYMENT (Specify A.M. or P.M.) THU. MON. FRI.SCHEDULE COMPLETE WORK TUE. SAT. SUNDAY THROUGH SATURDAY SUN. WED. What is the distance and the commuting time from your residence to your place of employment? DISTANCE AND COMMUTING TIME TO YOUR JOB Is public transportation available from your residence to your place of employment? YES NO What significant hardship(s) will you suffer without a Special Operator's Permit? SIGNIFICANT HARDSHIPS TO BE FACED WITHOUT A WORK PERMIT What efforts have you made to obtain other transportation? LIST EFFORTS MADE TO OBTAIN OTHER MEANS OF TRANSPORTATION PRINTED NAME OF SUPERVISOR SIGNATURE OF SUPERVISOR NAME OF SUPERVISOR XSUPERVISOR PRINTED JOB TITLE OF SUPERVISOR SIGNATURE SUPERVISOR JOB TITLE WORK TELEPHONE ( ) PHONE # WORK NOTICE: Your operator's license is under suspension. If you operate any vehicle outside of the authorized hours, you may be subject to arrest. If you operate a motor vehicle for a purpose not authorized by law, a police officer may make a report to the Commissioner of Motor Vehicles and you will be subject to a civil penalty of up to $500. If your operator's license is suspended for another reason while you are in possession of this permit, the permit is revoked, and if you thereafter operate a motor vehicle you will be subject to double the penalties imposed by law. If you alter or make improper use of the permit, you will be subject to criminal penalties. OATH: I swear or affirm under penalty of false statement in accordance with Connecticut General Statute 53a-157, and subject to penalties for perjury for a deliberate false statement, that the above information is true and correct. PRINTED NAME OF APPLICANT SIGNATURE OF APPLICANT YOUR NAME (PRINTED) DATE SIGNED YOUR SIGNATURE X SIGNATURE DATE DMV USE ONLY DATE PERMIT ISSUED PERMIT: APPROVED (If Approved) PERMIT VALID UNTIL (If Approved) DENIED REASON FOR DENIAL DRIVING HISTORY AUTHORIZED SIGNATURE (DMV) NO SIGNIFICANT HARDSHIP INELIGIBLE PRINTED NAME OTHER (Provide Details) DATE SIGNED X 21

22 APPLICATION FOR SPECIAL PERMIT TO STATE OF CONNECTICUT OPERATE A MOTOR VEHICLE TO AND FROM WORK A-62 REV DEPARTMENT OF MOTOR VEHICLES DRIVER SERVICES DIVISION 60 STATE STREET, WETHERSFIELD, CT INSTRUCTIONS: TELEPHONE: (860) Please print or type. On The Web At 2. Complete the application in detail. 3. Multiple employment requires separate applications. Operation of motor vehicles requiring a CDL or used for Public Passenger Transportation is PROHIBITED under the Special Permit Program YOUR OFFICIAL DRIVING RECORD WILL BE REVIEWED AS PART OF THIS APPLICATION. NAME OF APPLICANT (Last, First, Middle) DATE OF BIRTH OPERATOR LICENSE NUMBER/STATE SEX M MAILING ADDRESS (Number and Street) RESIDENCE ADDRESS (If different) (Number and Street) (City or Town) (State) (Zip Code) (City or Town) (State) (Zip Code) (State) (Zip Code) F NAME OF EMPLOYER (If self-employed, include business name and legal proof of self-employment) ADDRESS OF EMPLOYER (Number and Street) OCCUPATION (City or Town) HOME TELEPHONE NUMBER ( TO BE ISSUED A WORK PERMIT, YOUR SCHEDULE MUST BE CLEARLY IDENTIFIED, AND MAY NOT EXCEED A CONTINUOUS 12-HOUR PERIOD PER DAY. IF YOU HAVE MORE THAN ONE PLACE OF EMPLOYMENT, EACH EMPLOYER MUST COMPLETE A SEPARATE APPLICATION. ) DAYS AND HOURS OF EMPLOYMENT (Specify A.M. or P.M.) THU. MON. FRI. TUE. SAT. SUN. WED. What is the distance and the commuting time from your residence to your place of employment? Is public transportation available from your residence to your place of employment? YES NO What significant hardship(s) will you suffer without a Special Operator's Permit? What efforts have you made to obtain other transportation? PRINTED NAME OF SUPERVISOR SIGNATURE OF SUPERVISOR PRINTED JOB TITLE OF SUPERVISOR WORK TELEPHONE ( X ) NOTICE: Your operator's license is under suspension. If you operate any vehicle outside of the authorized hours, you may be subject to arrest. If you operate a motor vehicle for a purpose not authorized by law, a police officer may make a report to the Commissioner of Motor Vehicles and you will be subject to a civil penalty of up to $500. If your operator's license is suspended for another reason while you are in possession of this permit, the permit is revoked, and if you thereafter operate a motor vehicle you will be subject to double the penalties imposed by law. If you alter or make improper use of the permit, you will be subject to criminal penalties. OATH: I swear or affirm under penalty of false statement in accordance with Connecticut General Statute 53a-157, and subject to penalties for perjury for a deliberate false statement, that the above information is true and correct. PRINTED NAME OF APPLICANT SIGNATURE OF APPLICANT DATE SIGNED X DMV USE ONLY DATE PERMIT ISSUED PERMIT: APPROVED (If Approved) PERMIT VALID UNTIL (If Approved) DENIED REASON FOR DENIAL DRIVING HISTORY AUTHORIZED SIGNATURE (DMV) X NO SIGNIFICANT HARDSHIP INELIGIBLE PRINTED NAME OTHER (Provide Details) DATE SIGNED

23 The Criminal Process Your Guide to Your Court Appearance Once arrested for a DUI, the process is broken into two distinct areas: the DMV Administrative Process and the Criminal or Court Process. Your DMV hearing appearances and Court appearances are NOT the same and are entirely separate of each other. You can find extensive information about your court appearance in Chapter 10 of our book Dealing With It which is available in the preview section of this Survival Guide. However below, we have provided with you some basic reminders for your Court Appearance. Court begins promptly at 10 AM. REMINDERS FOR YOUR COURT APPEARANCE It is important that you arrive early because the entrance line is often long due to courthouse security procedures. You will going through a metal detector upon your arrival. You may be asked to remove your coat and belt. Minimize your delay by wearing a minimum of jewelry. Cell phones with cameras are not permitted inside the courthouse. If your phone is equipped with a camera, leave it at home or in your car. Cell phones and pagers should be set to silent/vibrate while inside the courthouse. If the devices do go off, they may be confiscated by the Court Marshall. No weapons are permitted inside the courthouse, including knives and registered handguns. Food and beverages are not permitted to be brought into the courthouse. Please do not chew gum or tobacco while in court. While you are waiting, other defendants, court staff and prosecutors may be within earshot. Do not mention anything about your case to anyone other than your attorney. You may wish to bring some reading material to help you pass the time in the waiting areas. Reading is not permitted inside the courtroom, but feel free to do so in the lobby. 23

24 The Criminal Process Directions & Parking: CT Courthouses Directions & Parking Connecticut Courthouses G.A. 1 at Stamford 123 Hoyt Street, Stamford, CT Directions: I-95 Southbound: I-95 South to Exit 8. At the end of ramp take a right onto Elm Street. Follow Elm, which will become Grove Street. At the traffic light at the top of the hill, turn left onto Hoyt Street. There is a Dunkin Donuts at this intersection on the left. Courthouse is the first brick building on the left. I-95 North from Greenwich: I-95 North to Exit 8. Take left off ramp onto Atlantic Street. Follow Atlantic Street North to Bedford Street approximately one mile. Turn right at light onto Hoyt Street at the Stamford Police Station. Courthouse is 123 Hoyt. Merritt Parkway-South from New Canaan, Norwalk, Wilton, Weston: Merritt Parkway South to Exit 35, at end of ramp turn right onto High Ridge Road. Follow High Ridge Road, which will become Summer Street approximately three miles. Follow Summer Street South; turn left on Hoyt Street. Go through two lights. Courthouse is 123 Hoyt. Merritt Parkway-North from Greenwich: Take Exit 34. Turn right off ramp onto Long Ridge Road. Proceed South approximately three miles until you reach Summer Street. Follow Summer Street South; turn left onto Hoyt Street. Go through two lights. Courthouse is 123 Hoyt. Parking: Parking is available on site. G.A. 2 at Bridgeport 172 Golden Hill Street, Bridgeport, CT Directions: I-95 South. Exit 27-A. Continue on 25-8 connector. Exit 2 (Golden Hill Street). End of ramp cross over. Courthouse is the 2nd building on the left. G.A. 3 at Danbury 146 White Street, Danbury, CT Directions: From I-84 traveling West: Take Exit 5 to end of exit and turn right at light on to Main Street. Proceed down Main Street to the fifth* light, which is the intersection of White and Main Street. Go left on to White Street. (You will see a sign on your right at that intersection noting the turn for the Court). Proceed down White Street through two lights. The Courthouse is on the right, past the railroad tracks and Leahy's Fuel. The driveway access to the public lot is on the right, just past the Courthouse. From I-84 traveling East: Take Exit 5. Go through a stop sign to the bottom of hill and a traffic light. Go right at this light on to Main Street. Proceed to intersection of White and Main Streets, which is at the fourth* light and turn left on to 24

25 The Criminal Process Directions & Parking: CT Courthouses White Street. (You will see a sign on your right at that intersection noting the turn for the Court). Proceed down White through two lights. The Courthouse is on the right, past the railroad tracks and Leahy's Fuel. The driveway access to the public lot is on the right, just past the Courthouse. *The number of working traffic lights may vary from time to time. Use the stated number as a guide only and watch for the street names. Parking: Note: Limited free parking is available on a first-come-first-served basis at the White Street lot on the same side of the street as the Courthouse. The lot across the street from the Courthouse is restricted to Jurors Only and is monitored. If the public lot is full, please seek valid on-street parking or use the public garage on Patriots Drive near the railroad station. ($4.00 all day, $0.50 first hour,.35 each additional hour). G.A. 4 at Waterbury 400 Grand Street, Waterbury, CT Directions: From Route 8 Northbound: Exit 32 (Downtown Waterbury). Right on to Freight Street. Right onto Meadow Street. Immediate left on to Grand Street. Courthouse is on the left. From Route 8 Southbound: Exit 32 (Riverside Street). Left at light on to Freight Street. Right on to Meadow Street. Immediate left on to Grand Street. Courthouse is on the left. From I-84 Westbound: Exit 21 (Meadow and Bank Street). At bottom of exit ramp turn right on to Field Street. At stoplight, turn left on to Grand Street. Courthouse is on the right. From I-84 Eastbound: Exit 21 (Meadow and Bank Street). Right on to Meadow Street. Right on to Field Street. Straight through one stop sign. At stoplight turn left on to Grand Street. Courthouse is on the right. Parking: The Municipal Parking Lot is located on Field Street, between Meadow Street and Grand Street. Limited free public parking for court customers is available in the courthouse ramp garage, located on State Street, adjacent to 400 Grand Street. G.A. 5 at Derby 106 Elizabeth Street, Derby, CT Directions: From Milford: North on Grassy Hill Road approximately 5 miles to the intersection with Route 34. Turn left onto Route 34 for approximately 3 miles to downtown Derby. Turn right at the corner of Route 34 and Elizabeth Street. The courthouse is approximately two blocks on the left. From Seymour: South on Route 8 to Exit 17. Turn right off the exit. Follow Elizabeth Street approximately one-quarter of a mile. The Courthouse is on the right. From Bridgeport: Route 8 North to Exit 15. Turn left off the exit and drive to the third traffic light. Turn right onto Elizabeth Street. The Courthouse is approximately two blocks on the left. 25

26 The Criminal Process Directions & Parking: CT Courthouses From West Haven: Route 34 to Elizabeth Street intersection, Derby. Right onto Elizabeth Street. Continue two (2) blocks. Courthouse is on the left, opposite park. Parking: There is a municipal parking garage on Thompson Place. G.A. 7 at Meriden 54 West Main Street, Meriden, CT Directions: Courthouse on left (corner of West Main Street and Grove Street). From the North: I-91 South to I-691 West. Take Exit 7 (Downtown Meriden). At end of exit take left onto State Street Extension, continue to stop sign, proceed through intersection to State Street, and continue down State Street to first light. Take right onto West Main Street, over Rail Road tracks. Proceed straight on West Main Street to the third light. From the West: Follow I-691 East to Exit 6. Take left at end of exit, proceed to stop sign. Take a right onto Grove Street; continue down Grove Street to the first light (corner of Grove Street and West Main Street) From the South: I-91 North to I-691 West. Take Exit 7 (Downtown Meriden). At the end of exit proceed according to directions given in "From the North" From the East: Take I-691 West to Exit 7 (Downtown Meriden). At the end of exit proceed according to directions given in "From the North" Parking: Can be found in the Municipal Lot, which is to the immediate left once you pass the Courthouse. There is a large yellow sign indicating "parking". Jurors should bring their parking stub with them to the Courthouse for validation so that no charge will be incurred for parking. G.A. 9 at Middletown 1 Court Street, Middletown, CT Directions: Lower Middlesex County - From Saybrook: North on Rt. 9 to Middletown Rt. 66 West (Exit 15), then first left onto dekoven Dr. Take right on Court St. to Superior Court Parking Garage (Juror and Staff Parking) or to the second garage entrance on the left (Public Parking). From Portland - East Hampton: West on Rt. 66 and over Arrigoni Bridge to Main St., Middletown. South on Main St. At sixth traffic light take left onto Court St. to the second garage entrance on the right (Juror and Staff Parking) or to the first parking garage entrance (Public Parking) also on the right. From Cromwell: South on Rt. 9 or 99S (9A) to Rt. 66 Middletown - West (Exit 15) then first left onto dekoven Dr. Take right on Court St. to Superior Court Parking Garage (Juror and Staff Parking) or to the second garage entrance on the left (Public Parking). From Durham: North on Rt. 17 to Main St., Middletown. At light, go left (North) on Main St. to third traffic light, right on 26

27 The Criminal Process Directions & Parking: CT Courthouses Court St. to the second garage entrance on the right (Juror and Staff Parking) or to the first parking garage entrance (Public Parking) also on the right. From Middlefield: East on Rt. 66 to Main St., Middletown. Right on Main St. Left at second traffic light onto Court St. to the second garage entrance on the right (Juror and Staff Parking) or to the first parking garage entrance (Public Parking) also on the right. From New Haven: I-91 to Exit 18, I-691/Rt. 66 Middletown. I-691 soon becomes Rte. 66 in Meriden, and becomes Washington St. in Middletown. Stay on Rt. 66 until you reach Main St. in Middletown. Take a right onto Main St. Take your first left onto Court St. Juror and Staff parking is located at the second garage entrance on the right. Public parking is located at the first entrance on the right. From Stamford: Follow Rt. 91 or Merrit Parkway to Exit 18 (Rt. 691/66 Middletown). Follow same directions as noted for New Haven. From Hartford: Rt. 91 South to Exit 22S to Middletown (Rt. 9 South). At second traffic light, take a right off Rt. 9 (Exit 15). Take an immediate left onto DeKoven Dr. Take your first right onto Court St. Juror and Staff parking is located at the first garage entrance on the left. Public parking is located at the second garage entrance on the left. From Waterbury: I-84 East. Take Exit 27, I-691, Meriden/Middletown. I-691 becomes Rte. 66 in Meriden, and becomes Washington St. in Middletown. Stay on Rt. 66 until you reach Main St. in Middletown. Take a right onto Main St. Take your first left onto Court St. Juror and Staff parking is located at the second garage entrance on the right. Public parking is located at the first entrance on the right. From New London: Rt. 95 North. Take Exit 69 to Rt. 9 North. At first traffic light, take a left off of Rt. 9. Then take the immediate left onto DeKoven Drive. Take the first right onto Court St. Juror and Staff parking is located at the first garage entrance on the left. Public parking is located at the second garage entrance on the left. Parking: Public Parking Garage: the first two hours are free, then $.80 per hour thereafter. G.A. 10 at New London 112 Broad Street, New London, CT Directions: From Hartford and North: Route 2 East to Route 11. At end of Route 11, turn left on Route 82. At the next intersection go right onto Route 85 for approximately 12.4 miles. The Courthouse is a large brick building on the right. From Norwich and North: Route 395 South, to Route 32 South via exit 78 (left hand exit). Route 32 South to Downtown New London exit. Turn right on Gov. Winthrop Blvd. Proceed through three traffic lights. Courthouse is on the left (approximately.3 mile). From Groton and East: Route 95 South to exit 84S (Downtown New London exit). Continue approximately one mile to light, turn 27

28 The Criminal Process right on Gov. Winthrop Blvd. Proceed through three traffic lights. Courthouse is on the left (approximately. 3 mile). From Waterford and West: Route 95 North to exit 83 (Downtown New London exit). Continue through traffic light at the end of exit onto Huntington St. to Broad St. Turn right on Broad St. Through one traffic light approximately.3 mile). Courthouse is on the left. Parking: On street parking is the only parking available to jurors. Directions & Parking: CT Courthouses G.A. 11 at Danielson 120 School Street, Danielson, CT Directions: From Worcester, Massachusetts: Take I-395 South to Exit 92. Turn right and proceed to the traffic light at the bottom of the hill. Turn left on Main Street (Route 12 South). Proceed down Main Street into the business section of Danielson. Turn left on Center Street and go to the end. The court will be across School Street on the right. Turn right on School Street and then right into the parking lot. From Norwich: Take I-395 North to Exit 92. Proceed straight at the first stop sign. Turn left at the second stop sign and proceed to the traffic light at the bottom of the hill. Turn left on Main Street (Route 12 South). Proceed down Main Street into the business section of Danielson. Turn left on Center Street and go to the end. The court will be across School Street on the right. Turn right on School Street and then right into the parking lot. From Rhode Island: Take Route 6 West to Danielson. Turn right on Route 12 North. This will put you on Main Street. Proceed up Main Street over the railroad tracks. Turn right on Center Street and go to the end. The court will be across School Street on the right. Turn right on School Street and then right into the parking lot. From Hartford: Take Route 6 East to Danielson. Turn left on Route 12 North. This will put you on Main Street. Proceed up Main Street over the railroad tracks. Turn right on Center Street and go to the end. The court will be across School Street on the right. Turn right on School Street and then right into the parking lot. G.A. 12 at Manchester 410 Center Street, Manchester, CT Directions: From Hartford: East on I-84 to Exit 60. At the end of exit stay to the right onto Center Street. Continue about 1.5 miles. Courthouse is on the right. From Windsor, Windsor Area: Take I-91 South to I-291, follow to I-384. Take Exit 1 off I-384 (Spencer St.). At the exit take a left, follow road going East for about 1.5 to 2 miles, road will then turn into West Center St. The court will be on your left. (There are also signs to the court after you get off the exit). From Glastonbury, Eastern portion: Take Hebron Ave. to Keeney St. (North) across I-384 and Hartford Road to McKee Street. At the next traffic light take right on West Center Street. Courthouse is 1/4 mile on the left. 28

29 The Criminal Process From Glastonbury, Western portion: Take Route 2 West to I-84 East to Exit 60. Stay to the right coming off exit onto Center Street. Continue 1.5 miles on Center Street. Courthouse is on the right. Parking: Parking is available at the Courthouse. G.A. 13 at Enfield 111 Phoenix Avenue, Enfield, CT Directions: From Hartford Area: Take I-91 North to Exit 47E. Turn right off the exit and take fork to right onto Phoenix Avenue. Courthouse is located on the left-hand corner of Phoenix Avenue and Post Road. Parking: Free parking is available. G.A. 14 at Hartford 101 Lafayette Street, Hartford, CT Directions: From I-84 heading West: Take the Sigourney Street Exit, then follow the signs to Capitol Avenue. When following the signs you will make three "quick" lefts then a right onto Capitol Avenue. Follow Capitol Avenue, just past the Capitol Building (gold dome), then look for the Lafayette Monument. On your right, take the right just before the Monument. Bear right at the fork to 101 Lafayette, on the right. From I-84 heading East: Take the Capitol Avenue Exit. Go left at the end of the exit onto Capitol Avenue, then take your first right just before the Lafayette Monument. Bear right at the fork to 101 Lafayette, on the right. From I-91 North or South: Take the Capitol Avenue Exit, stay over to the far left. You will come to a circle, travel halfway around to Elm Street. Go to the end of Elm Street, you are now facing the Capitol Building. Take a left onto Trinity Street. Stay in the left lane. At your first light take a left, after passing the Lafayette Monument, bear right at the fork to 101 Lafayette, on the right. Parking: Metered Parking is available on both sides of Lafayette Street and Washington Street. Public Courthouse Parking is also available on Grand Street for $6.00 per day. To get to Grand Street go down Lafayette Street past the Courthouse and juror parking lot and take your first right onto Grand Street, which is a one-way street. G.A. 17 at Bristol 131 North Main Street, Bristol, CT Directions: From the East: I-84 East to Exit To Route 72 Bristol, to Riverside Avenue to North Main Street. Directions & Parking: CT Courthouses From the West: I-84 West to Exit 31 in Southington. Route 229 to Route 72 Bristol, to Riverside Avenue to North Main Street. From the North: Route 6 to North Main Street. 29

30 The Criminal Process From the South: North on Wilbur Cross Pkwy. To Berlin Turnpike (Rt. 5-15) to Route 72 West. Follow Route 72 West into Bristol, to North Main Street. Parking: Parking is available in the Police-Court Complex or across the street in the shopping mall at Bristol Center. G.A. 18 at Bantam 80 Doyle Rd., Bantam, CT Directions: From Bridgeport: Rt. 8 North through Waterbury. Follow directions from Waterbury Directions & Parking: CT Courthouses From Danbury: Rt. 7 North to Rt. 202 East. Follow Rt. 202 through New Milford toward Litchfield. Doyle Road is on the left, just prior to intersection with Rt. 209 in Bantam. From Hartford Area: 84 West to Exit 39 (Rt. 4). Follow Rt. 4 through Farmington, Unionville, and Burlington. In Harwinton, at junction of Rt. 4 and 118, follow Rt. 118 to Litchfield. At Litchfield green, proceed straight onto Rt. 202 West. Follow Rt. 202 West approximately 3.5 miles. Doyle Road will be on the right just past the intersection with Rt From New Haven: Rt. 63 North to Rt. 8 North in Naugatuck. Take Rt. 8 North through Waterbury. Follow directions from Waterbury From New London: I-95 South to Rt. 9 North. Follow Rt. 9 North through Middletown, to junction with Rt. 72. Follow Rt. 72 through New Britain to I-84. Take I-84 East to Exit 39 (Rt. 4) Follow Rt. 4 through Farmington, Unionville and Burlington. In Harwinton, at junction with Rt. 118, follow Rt. 118 West to Litchfield. At Litchfield green, proceed straight onto Rt. 202 West. Follow Rt. 202 West approx. 3.5 miles. Doyle Road will be on the right just past the intersection with Rt From Waterbury: Rt. 8 North to Exit 42. Take left at end of exit ramp onto Rt. 118 West to Litchfield. At Litchfield green, proceed straight onto Rt. 202 West. Follow Rt. 202 West approx. 3.5 miles. Doyle Road will be on the right just past the intersection with Rt G.A. 19 at Rockville 20 Park Street, Rockville, CT Directions: From the North (Somers-Ellington): Rt.83 South to Rt.74 (Union Street). Take a left at this intersection. Continue to third light. Take a left onto Park St. Courthouse is on the right. From the West: Follow I-84 East to Exit 67. At the end of exit take left, proceed to light. Follow directly across intersection. At the second light take a left onto Main Street. At the next light take a right onto Park Street. Courthouse is on the right. 30

31 The Criminal Process Directions & Parking: CT Courthouses From Coventry: Take Rt.31 towards Rt.44. Take left at intersection of Rts.31/44 (Rts.31 and 44 run together for approximately 1/2 mile). Follow Rt.31 under highway (84) Bridge to intersection Rt.30. Go straight. At the next light, take a left onto East Main Street. At the next light take a right onto Park Street. Courthouse is on the right. From Bolton: 1. From Rt.6 go to Rt.44. Follow Rt.44 away from the highway and towards Coventry. Take left at Rt.31 under highway (84) Bridge to intersection of Rt.30. go straight. At the next light take a left onto East Main Street. At the next light take a right onto Park Street. Courthouse is on the right. 2. From Rt.85 go to 384 East. Follow to end of expressway. Get off at Rt.44 (Coventry). Same directions as 1. Parking: There is free parking available on School Street (first right after the Courthouse) in the parking garage. G.A. 20 at Norwalk 17 Belden Avenue, Norwalk, CT Directions: Northbound: I-95 South to Exit 15. Follow signs for Route 7 northbound. Take exit 1 off of Route 7 expressway. At the end of ramp turn right. Follow this road for approximately a quarter of a mile to Belden Ave. Proceed onto Belden Ave., the courthouse is on the right. Southbound: I-95 South to Exit 15. Follow signs for Route 7 northbound. Take exit 1 off of Route 7 expressway. At the end of ramp turn right. Follow this road for approximately a quarter of a mile to Belden Ave. Proceed onto Belden Ave., the courthouse is on the right. Parking: Parking is available on the street and at the garage, which is attached to the Norwalk Mall. G.A. 21 at Norwich 1 Courthouse Square, Norwich, CT Directions: Follow 2E to Norwich. At the end of the Rt. 2 connection, bear right to Norwich (that's still Rt. 2, but you'll also see it called Washington Street). Continue on Washington St.; at second traffic light bear right. Continuing on Washington St. past the Norwich Marina to the seventh traffic light (approximately 1.7 miles) from the Route 2 connector. The Courthouse will be across the street on the left. Turn left onto Water St. A metered parking garage is located approximately one block on the left. G.A. 22 at Milford 14 West River Street, Milford, CT Directions: From I-95 North and South: Take Exit 39A (West Rt. 1) Milford. Turn right off exit-keeping right of fork in road (Rt.1). At second light past Friendly's, take a left onto North Street. Proceed to stop sign. Take right at stop sign, cross over bridge, and proceed approximately three hundred yards straight past Parsons Complex. Public parking lot on left. From the North - Wilbur Cross, Merritt Parkway Route 15: Take Exit 54 (immediately before Sikorsky Bridge) towards I-95 Milford connector. Follow to very end of 31

32 The Criminal Process Directions & Parking: CT Courthouses connector. Take right onto Route 1 and proceed to second traffic light. Take a right onto North Street proceed to stop sign. Take a right at stop sign, cross over bridge. Travel approximately 300 yards straight past Parsons Complex. Public parking lot on left. From the South - Wilbur Cross, Merritt Parkway Route 15: Take Exit 54 (immediately after Sikorsky Bridge) towards I-95 Milford connector. Follow road to very end of connector. Take right onto Route 1 and proceed to second traffic light. Take a right onto North Street proceed to stop sign. Take a right at stop sign, cross over bridge. Travel approximately 300 yards straight past Parsons Complex. Public parking lot on left. From Route 8 - (Derby Exit Rt. 34 East): Exit which leads to Rt. 34 East. Follow Rt. 34 East approximately three miles to Grassy Hill Road (Rt. 121). Proceed approximately four miles to third traffic light (intersection Rt. 1) proceed straight crossing over Rt.1 proceed to stop sign - take right at stop sign cross over bridge. Travel approximately three hundred yards straight past Parsons Complex Building. Public parking lot on left. G.A. 23 at New Haven 121 Elm Street, New Haven, CT Directions: From West Haven: North on I-95 to Exit 47 (left exit) and on to the Oak Street Connector. Follow signs for downtown New Haven-Church Street. Take first exit off connector and turn right at the traffic light on to Church Street. Go to the fourth traffic light. The Courthouse is on the left, on the corner of Church and Elm Streets. From Wallingford, Meriden and North Branford: South on I-91 to Exit 3 (Trumbull Street). Straight on Trumbull Street to the third light. Turn left on to Temple Street. Turn left at the second traffic light on to Elm Street. The Courthouse is on the left at the next corner, the corner of Church and Elm Streets. From Cheshire, Hamden and North Haven: South on Whitney Avenue (continue when Whitney Avenue becomes Temple Street) to Elm Street. The Courthouse is on the left at the next corner, the corner of Church and Elm Streets. From the Shoreline: South on I-95 to Exit 47, which leads to the Oak Street Connector. Follow signs for downtown New Haven- Church Street. Take first exit off connector and turn right at the traffic light onto Church Street. Go to the fourth traffic light. The Courthouse is on the left, on the corner of Church and Elm Streets. From Bethany and Woodbridge: Take Whalley Avenue to Elm Street. The Courthouse is on the left, on the corner of Church and Elm Streets. Parking: There is No Parking Available at the GA 23 Courthouse. Private parking facilities are near the courthouse area. There is a private garage in the building immediately adjacent to the Judicial District Courthouse, on the corner of Church and Grove Streets. Another nearby garage is the Grove Street Garage, located at 65 Grove Street. 32

33 The Criminal Process CT Alcohol Service Providers CT Alcohol Service Providers ALSO/Cornerstone, Inc. 871 State Street New Haven, CT Phone Fax Community Provider and Addiction Services 1491 West Main Street Willimantic, CT Phone Fax McCall Foundation 58 High Street Torrington, CT x816 Phone MidWestern CT Council on Alcoholism 38 Old Ridgebury Road Danbury, CT Phone Fax PACES Counseling Associates, Inc. 991 Main Street, Suite 3A East Hartford, CT Phone Fax Stonington Institute 428 Long Hill Road Groton, CT x 21 Phone Fax Catholic Family Services; Institute for Hispanic Families 80 Jefferson Street Hartford, CT x 214 Phone Fax Fax CT Renaissance 83 Wall Street Norwalk, CT Phone Fax Midstate Behavioral Health 883 Paddock Avenue Meriden, CT Phone Fax New Directions 113 Elm Street, Suite 204 Enfield, CT Phone Fax Rushford Center 1250 Silver Street Middletown, CT Phone Fax Wheeler Clinic 91 Northwest Drive Plainville, CT Phone Fax 33

34 MADD s Misleading Statistics By Ed Hass (reprinted here with author s permission) The National Highway Traffic Safety Administration defines a fatal traffic crash as being alcohol-related if either a driver or a non-occupant (e.g., pedestrian) has a blood alcohol concentration (BAC) of 0.01 grams per deciliter (g/dl) or greater in a police-reported traffic crash. To put 0.01 g/dl in perspective, ten times that amount is required to achieve a BAC of 0.10 g/dl, which is the legal limit of intoxication in most states. Simply put, if a legally sober driver is involved in a traffic accident in which another legally sober person is killed, and the person killed happened to drink one beer 30 minutes prior to the accident, the NHTSA will classify that fatality as alcoholrelated and consequently, that particular fatality will be deceptively employed to bolster statistics designed to fortify the perception that mindless, epidemic-type numbers of drunk drivers are blindly hurling down our highways, aimlessly killing innocent bystanders. These same statistics are then implemented into a continual effort to persuade the legislature to enact ever increasingly stringent DUI laws and more severe punishments. To further illustrate, there were 16,653 alcohol-related traffic fatalities in 2000, according to the NHTSA. Of these 16,653 alcohol-related fatalities, 12,892 involved at least one driver or nonoccupant with a BAC of 0.10 g/dl or greater. 7,326 were the intoxicated drivers themselves, and 1,594 were legally intoxicated pedestrians and pedal-cyclists. The remaining 3,972 fatalities were non-intoxicated drivers, passengers, and non-occupants. So how many actual victims of drunk driving were there in 2000? Excluding the 7,326 legally intoxicated drivers and 1,594 legally intoxicated pedestrians/pedal-cyclists, there remain 3,972 fatalities; but even these deaths cannot be classified as victims because the NHTSA does not indicate which driver was at fault. For example, if a sober driver runs a red light and crashes into a driver who has a BAC of 0.10 or greater, and the sober driver dies, the NHTSA will proclaim that this fatality is alcohol-related, even though alcohol had nothing to do with the crash, and tragically, the intoxicated driver will potentially face vehicular manslaughter charges. Law enforcement will wrongfully conclude that the 34

35 NOT - DRUNK MADD S Misleading Statistics the drunk driver is at fault, and more likely than not, will not execute a thorough traffic scene investigation. Essentially, if alcohol is involved, it is disorderly to blame. Meanwhile, organizations such as MADD are spoon-fed this fatality, and they in turn inappropriately use it to mislead our lawmakers. Unfortunately, the deception does not end there. According to the NHTSA, on an average, in more than 50 percent of the reported alcohol-related fatalities, alcohol involvement, as determined by actual alcohol testing, is not known. Alcohol test results may not be known for any of several reasons: the test was given but the results were not obtained by the Fatality Analysis Reporting System (FARS); the test was refused; FARS was unable to determine if test were given; or, the test was not given. As a result, the NHTSA imputes alcohol involvement in over 50 percent of the reported alcohol-related traffic fatalities. Imputation, as applied by NHTSA, uses characteristics of the persons involved in the crash to predict alcohol involvement when it is not known. Those characteristics include police-reported drinking, age, sex, restraint-use, type of crash, time of day, and driver of striking or struck vehicle. Sadly, these predicted, unsubstantiated, fatalities are masqueraded as confirmed victims of drunk driving, and have had an unjust role in the shaping of DUI laws across America, along with serving as justification to erode the Fourth Amendment protecting against unreasonable search and seizure without probable cause, by the establishment of sobriety checkpoints. MADD, in pursuit of nationwide sobriety checkpoints, is partly responsible for the asterisk that was assigned to our Constitutions Fourth Amendment, which protects Americans from unreasonable search and seizure. In the majority ruling, (Michigan Department of State Police v. Sitz, 496 U.S. 444 (1990)) the United States Supreme Court Justice Rehnquist wrote, Drunk drivers cause an annual death toll of over 25,000. Thats simply not accurate data. Assuming that Justice Rehnquist was referring to the statistics of 1989, according to the NHTSA, there were 22,404 alcohol-related traffic fatalities, and as illustrated, not all these fatalities are the result of drunk driving as MADD and the United States Supreme Court contend. The Supreme Court referenced the enormity of the drunk driving problem in our nation to justify the appropriateness of its ruling; that the State has a grave and legitimate interest in curbing drunken driving; yet the statistics they referenced were skewed at the outset. It is curious why the Supreme Court rounded that particular statistic up rather than down, but regardless of their motivation, their claim doesn t match the statistics. 35

36 NOT - DRUNK MADD S Misleading Statistics Additionally, the NHTSA utilizes a peculiar computation method to determine the percentage of alcohol-related traffic fatalities. Surely, most people have heard statements such as half of all traffic fatalities are caused by drunk drivers or nearly half of all traffic fatalities are alcohol-related or most recently, approximately 40 percent of all traffic fatalities are alcoholrelated. Essentially what the NHTSA is claiming is that out of 100 traffic accidents in which a fatality resulted, 40 of them will be alcohol-related, but as illustrated above, not necessarily the result of drunk driving. For the sake of argument, lets assume that out the 100 traffic accidents in which a fatality resulted, there were indeed 40 drivers who were legally intoxicated. The quick conclusion is that 40 percent of the traffic fatalities are in fact alcohol-related, but that conclusion is incorrect. The best way to demonstrate this fallacy is with a simple analogy. If you have 100 packages of apples, and 40 of the apples are rotten, what is the percentage of rotten apples you have? If you answered 40 percent you are wrong. You cannot begin to solve this problem until you know how many apples are in each package. Lets try this problem again, but this time well provide the necessary information. If you have 100 packages of apples, with 4 apples in each package, and 40 apples are rotten, what is the percentage of rotten apples you have? Now the problem can be solved because we know that we have 400 apples and 40 are rotten, which means 10 percent of the apples are rotten; yet the NHTSA continuously divides drivers by accidents to develop its deceptively high percentages. To accurately compute percentages there has to be a common denominator. The common denominator is drivers, and when evaluating the percentage of traffic fatalities that are alcoholrelated, we have to consider all drivers in the traffic accident. Historically, the NHTSA indicates that approximately 55 percent of all traffic accidents are single-vehicle (SV) and 45 percent are multi-vehicle (MV). It stands to reason that a multi-vehicle (MV) accident involves a minimum of 2 vehicles, if not more. That being said, we will assume that all MV accidents had only 2 vehicles involved (realizing that some MV accidents have three or more drivers involved), bringing the number of drivers to a minimum of 90. Next we need to add the SV accident drivers (55) to the MV accident drivers (90) to arrive at a total of 145 drivers. To determine the percentage of traffic fatalities, we divide 40 drivers with a BAC of 0.01(g/dl) by 145 total drivers to arrive at approximately 27 percent. The NHTSA persuasively categorizes pedestrian (also pedal cyclists) fatalities within the (SV) statistics, while excluding from its percentage computation, the obvious driver necessary for the pedestrian fatality. If the pedestrian is consider a driver for statistical purposes, then another 36

37 NOT - DRUNK MADD S Misleading Statistics driver has to also be included in the computation. Historically, approximately 12 percent of alcohol-related fatalities involve pedestrians / pedal cyclists. Consequently, 12 more drivers need to be added to our equation. (12 pedestrians (SV) / 12 drivers who struck and killed the pedestrian) Considering the aforementioned, the percentage of alcohol-related fatalities is demonstrated as follows: 40 drivers with a BAC of 0.01(g/dl) divided by 157 drivers equals approximately 25 percent of traffic fatalities that are alcohol-related. Remember, 50 percent of these fatalities are predicted due to lack of actual alcohol testing. Additionally, approximately 15 percent of the alcohol-related traffic fatalities involve no driver or pedestrian who is legally intoxicated; that one or more of the participates had a measurable amount of alcohol in their blood, but were below the legal limit within their given states. That being said, realistically the percentage of substantiated alcohol-related traffic fatalities is approximated 12.5 percent, with approximately 65 percent of these fatalities being the driver themselves. Certainly statistics vary from state to state, but rest assured that the same distortion is occurring wherever you may reside. Also, it is important to remember that approximately 65 percent of all alcohol-related traffic fatalities are in fact the driver themselves, so the actual percentage of innocent victims of drunk driving is minimal, compared to the leading cause of traffic fatalities on our nations highways: Speed! According to the NHTSA, in 2001 there were 12,850 speeding-related traffic fatalities. Speeding overwhelming claims more innocent victims than DUI; so why is there such a disparage between the punishment for speeding versus the punishment for DUI? If saving lives on our nations highways is the primary goal of our legislative and judicial branches of government, then a balanced approach to obtain that goal would result in the revocation of driving privileges for speeding violations along with mandatory prison sentences, hefty fines, safe driving classes, mental evaluations, community service; we could increase the list ad infinitum. Incidentally, the courts have embraced a so-called balancing test to support their rulings on sobriety checkpoints, so it doesn t seem out of the realm of possibilities to challenge the courts and our legislators on their unbalanced approach to highway safety related laws, policies, and punishments directly related to violations of such. Based on the NHTSA statistics, it is reasonable to expect then that a speeding driver is an equal threat, or an even greater immediate threat to public safety than a driver who may have a measurable amount of alcohol in their system, yet the gap between punitive response to each is unnerving. Either the DUI laws are extreme in nature, or the punishment for speeding needs to be completely revamped. 37

38 NOT - DRUNK MADD S Misleading Statistics Obviously, if driving privileges were revoked for first offense speeders, civil unrest would erupt across the nation. There seems to be just such civil unrest developing in response to the current DUI laws. Over 1.5 million U.S. citizens are arrested each year for DUI. For over 20 years now, these citizens have fallen victim to the propaganda surrounding their crime, while their respective states inflict unjust punishments upon them. It should be anticipated that eventually the victims of such unjust laws would begin uniting to challenge the very underpinning used to justify the laws in the first place. One such organization is called Responsibility in DUI Laws. R.I.D.L. has imported the FARS database (same database used by NHTSA to report statistics) into a complex reporting tool called Crystal Reports. Through the use of this tool, R.I.D.L. was able to discover that across the entire nation, the NHTSA nearly doubles the number of instances of drunk drivers. And this is prior to them implementing their "Multiple Imputation" methodology, which adds in more numbers for "unknowns". In their reports, evidence is seen where the NHTSA claims a driver of a fatal accident to be a drunk driver even though that driver was tested and had a blood alcohol content of 0.00, or had a blood alcohol content that was within the legal limit. To demonstrate the entire scope of this report, consider the statistics obtained from FARS and compiled by R.I.D.L. regarding traffic fatalities for 2001 in the Commonwealth of Pennsylvania. This specific report can be reviewed in its entirety at along with other state reports. Pennsylvania is a.10 BAC per se commonwealth. The statistics breakdown as follows: NHTSA lists total Pennsylvania fatalities for 2001 = 1,530 NHTSA lists total drivers in fatal accidents = 2,135 NHTSA lists drunk drivers = 575 R.I.D.L. report indicates the following: Actual drivers with BAC over.10 = 294 Actual fatalities involving drivers with BAC over.10 = 332 Percentage of fatalities involving drunk drivers = 21.70% Number of drunk drivers listed with no proof = 281 Actual percentage of drunk driving in fatal accidents = 13.77% Recall that earlier in this report, it was indicated that a more realistic percentage for the nation regarding traffic fatalities caused by drunk drivers would be approximately 12.5 percent, bearing in mind that approximately 65 percent of those fatalities were in fact the drivers themselves. Witness how that percentage corresponds closely with the results in the Commonwealth of Pennsylvania. 38

39 NOT - DRUNK MADD S Misleading Statistics The significance of this analysis is that Pennsylvania arrests approximately 41,500 citizens each year for DUI. To put that in perspective, 41,500 citizens are criminalized each year in Pennsylvania because approximately 137 persons are killed in accidents involving a legally intoxicated driver, while an undetermined percentage of those fatalities were the fault of the sober driver. Compare that fatality rate to the deaths caused by speeding, and you must find need to pause and question the integrity of our current DUI laws. According to the Pennsylvania DUI Association, in 2001, municipal and state police conducted 302 suspicionless seizures described as sobriety checkpoints. The police contacted 114,959 citizens during these suspicionless seizures, while making only 807 DUI arrests. Alarmingly, the police made 2,227 other arrests while conducted suspicionless seizures under the disguise of sobriety checkpoints. In conclusion, the states interest in eradicating DUI is no greater and legitimate then the states interest to investigate and prosecute any other ordinary crime. Consequently, suspicionless seizures known as sobriety checkpoints should be immediately recognized as blatant violations of the 4th Amendment of the United States Constitution, and as a violation of the heighten protections provided by individual state constitutions, prohibiting seizures by police without probable cause. A moratorium should be issued immediately prohibiting the employment of suspicionless seizures to enforce current DUI laws. The courts across this nation have repeatedly compared sobriety checkpoints to checkpoints established by earlier rulings, allowing for such to identify improperly licensed and uninsured drivers along with checkpoints to detect people who may be in this country illegally. There is though, one significant difference between these types of checkpoints. Law enforcement cannot determine whether a driver of a vehicle is an illegal immigrant, or whether they are properly licensed and insured merely by their driving patterns; there are no specific driving habits or patterns that would prompt law enforcement to suspect the aforementioned. That is not the case when investigating a potential DUI. Police have a 20-point alert system that they use to evaluate the driving patterns of a potential DUI. Excessively wide turns, driving excessively right or left within lane, and crossing the centerline are a few of the indicators police currently employ to enforce the current DUI laws. Approximately 99 percent of DUI arrests are made utilizing such techniques. Finally, although the computation method of imputation maybe useful to develop trends, it should be excluded from shaping laws. Supporters of the current DUI laws and those who advocate even tougher laws, claim that it is their efforts that are responsible for saving lives on our 39

40 NOT - DRUNK MADD S Misleading Statistics nations highways; yet even this claim cannot be substantiated. In the last 20 years, the leading cause for the reduction of the percentage of traffic fatalities can be attributed to one specific effort; the effort to build safer vehicles. Stronger frames, primary restraining systems (seatbelts) and supplementary restraining systems (airbags) are the leading life saving instruments according to the NHTSA, not necessarily tougher laws. I invite all criminal defense attorneys and supporters of civil rights to freely distribute the content of this report to your peers, and encourage each to work together to bring about a much needed resurrection of our Fourth Amendment, along with a reformation of our current DUI laws. 40

41 The old adage of "if it sounds too good to be true, it probably is" is appropriate once again. The Internet is full of fantastic-sounding offers of licenses that can never be revoked or suspended, but such offers are full of misinformation and outright lies. The International Drivers License Scam Thousands of fake International Driver Permits (IDPs) are sold each year to unsuspecting victims. Preying upon people with poor driving records, these scam artists falsely claim that their document will authorize buyers to drive legally in the U.S, even if they don't have a state-issued license or if their state-issued license has been suspended or revoked. These scam artists also claim that their document can be used to avoid points or fines affecting state-issued licenses and can be used as legal photo identification. All of these claims are false, however. If you are a U.S. resident, an IDP is not valid within the United States. IDPs are not intended to replace state-issued driver's licenses and should only be used as a supplement to a valid license when traveling to a foreign country. Contrary to what these scam artists would like you to believe, IDPs are not legal proof of identity. Some issuers of fake IDPs use another country as the "residence" country in an attempt to avoid the restriction that IDPs cannot be used in your home country. This misrepresentation can lead to legal difficulties if you are ever pulled over by the police in the U.S. and show a false IDP from some other country. The IDP will show that you live in that other country, however your car registration will show you as a U.S. resident. Lying to the police about your place of residence is a crime and could result in legal action. 41

42 NOT - DRUNK The International Drivers License Scam The IDP is a legitimate document when issued by the proper authorities but it is not an alternative to a state-issued license. An IDP is simply a translation of a regular license into another language it is not a driver's license by itself but helps foreign police read licenses in other languages. When traveling to a foreign country, you must still carry a valid U.S. license, which is considered your true driver's license. Countries where English is the spoken language, such as Great Britain, Ireland, Canada, Australia and New Zealand, do not require an IDP. However, insurance companies in many other jurisdictions often require IDPs to cover foreign drivers of vehicles driven there. When you purchase an IDP you do not get a new, separate driving record your record stays with you, so an IDP cannot be used to hide violations or tickets. These infractions are still recorded on your regular driver's license. A real IDP must be purchased in your home country and you must be over 18 years of age and hold a valid license issued by a U.S. state or territory in order to purchase an IDP. In the United States, only two organizations are allowed to sell IDPs: the American Automobile Association and the American Automobile Touring Alliance, which offers IDPs through its National Automobile Club. The cost for a real IDP is approximately $ IDP scams will only cease if the operators are forced to shut down by the authorities. If you have been a victim of this type of scam, you should report the incident to the office of your local U.S. Postal Inspector, the Better Business Bureau or your state or local Attorney General's office. 42

43 Our New Client Packet After you have read through our CT DUI Survival Guide and decide you would like to retain our services, start to work through Our New Client Packet. Each of our new clients receive a packet similar to this one, however, for the first time, we are giving ALL of the materials in one neat, organized packet that you can easily keep in order during this stressful time in you life. Please carefully fill out each page accordingly. It is vital that all the information be as accurate as possible because it is from this information our attorneys build your defense. You will find: DWI Intake form A simple questionnaire regarding contact information and the basics of your case. Sample of our Employment Agreement A sample of our Retainer Agreement. Client Medical Questionnaire A simple medical history. This form is particularly important because certain medical conditions will aid in the defense of your case. Medical Records Release Form You may not need to fill this out--do not do so until our attorneys have asked you to. We have simply provided it as a service to you. Coupon for a FREE Copy of Our Book Dealing With It We have compiled an even more comprehensive manual on DUI s in Connecticut and you get a copy for FREE. Directions to Ruane Attorneys at Law Both a map and a list of directions to make finding our office as easy as possible. Meet Our Firm Pictures and contact information for each member of Ruane Attorneys at Law. 43

44 The Ruane New Client Packet Client Goals Worksheet PERSONAL INFO: DATE: DWI CLIENT INFORMATION NAME: AGE: ADDRESS: TOWN: STATE: ZIP: HOME# CELL#: EMPLOYER: WORK CITY: ARREST INFO: WORK#: DUI: FIRST SECOND THIRD COURT DATE & LOCATION: IF NOT FIRST DUI, DETAILS: DATE OF ARREST: TIME OF ARREST: OTHER CHARGES: LOCATION OF ARREST: STATE OR LOCAL POLICE ACCIDENT: YES NO INJURED: YES NO BREATHALYZER: YES NO BREATHALYZER RESULTS: REFERRED BY: BRIEF DESCRIPTION OF EVENTS: 44

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46 The Ruane New Client Packet Client Medical Questionnaire Please complete the following questionnaire as best as possible. Most of the scientific and pseudo-scientific evidence in your case rests on the assumption that you are a Average Normal Person and that you are in Average Good Health. Because no two people are alike, the scientific basis upon which the State rests may be flawed. A complete medical history is important to help our firm evaluate your performance on all of the tests conducted and to help us present alternative explanations for what may have appeared to be objective signs of intoxication. The questions on this form have been created with the help of experts. Although some questions may be repeated from other forms you have filled out, please remember to fill in every answer. The questions have been repeated here so that this questionnaire only can be presented to an expert for review, so that her own professional opinion is not biased by the narrative contained in other forms and to protect attorney-client privilege. RUANE Attorneys At Law CLIENT MEDICAL QUESTIONNAIRE Following the Medical History Questionnaire, you will find a form for the Consent of the Release of Medical Records. You do not immediately have to fill this out, however, should we find viable information in your Questionnaire, it may be necessary for you to allow us access to your records. Print both the Questionnaire and the Consent form and bring them to your first meeting with Attorney Ruane. PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 46

47 The Ruane New Client Packet Client Medical Questionnaire CLIENT NAME: 1. Age: 2. Sex: 3. Height: 4. Weight 5. List All Medications you are Currently Taking: 6. List All Medications Taken in Last 6 Months: 7. List all Medications including Over the Counter drugs taken with 24 hours of arrest: 8. Eyes 8.1 Do You wear glasses 8.2 When was the last time your eyes were checked? 8.3 On the date of your arrest, did you do anything that would cause eye strain? 8.4 If So, What: 8.5 Have you ever been diagnosed with Eye Muscle Fatigue? 8.6 Have you been diagnosed with Dry Eyes? 8.7 Have you been diagnosed with conjunctivitis? 8.8 Have you been diagnosed or treated for Glaucoma? 8.9 Do you have a Lazy Eye or are you Crossed Eyed? 8.10 Are you under the care of an Ophthalmologist? Name of Doctor: Condition 8.11 On the day of your arrest had you ingested: Caffeine: Nicotine Aspirin Antihistamines Other PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 47

48 The Ruane New Client Packet Client Medical Questionnaire 8.12 On the day of your arrest, did you have or had you had suffered from: The flu or cold Hypotension Hypertension Arteriosclerosis Streptococcus Infection Measles Muscular Dystrophy Multiple Sclerosis Epilepsy Brain Hemorrhage Inner Eye Injury Bilateral Amblyopia Unusual Sleep Pattern Vertigo Dyslexia Any other eye problem 9. Ears/Hearing 9.1 Do you wear a hearing aid? 9.2 Do you have any diagnosed hearing defects? If so, please explain: 9.3 Do you have any diagnosed auditory processing defects? If so, please explain: 9.4 Have you had an inner ear infections? 9.5 Have you suffered any injury to your ears? If so, please explain: 9.6 Do you get swimmer s ear? 10. Body Temperature 10.1 What is your normal body temperature? 10.2 On the day of your arrest what was your body temperature? PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 48

49 The Ruane New Client Packet Client Medical Questionnaire 10.3 Within 24 hours of your arrest did you have a fever? 10.4 Did you have your period or were you premenstrual at the time of your arrest? 11. Lungs and Respiratory System 11.1 Do you have Asthma? 11.2 Do you have Pulmonary Obstructive Disease? 11.3 Do you smoke? How much per day? 11.4 Do you have lung cancer? 11.5 Do you have Lymphoma? 11.6 Do you have Hodgkins Disease? 11.7 Do you have throat cancer? 11.8 Do you have any other diagnosed ailment of the respiratory system? 12. Endocrine System 12.1 Are you diabetic? Type I? Type II? Do you take Insulin? Are you on oral medication? What: 12.2 On the day of your arrest were you hypoglycemic? 12.3 On the day of your arrest were you hyperglycemic? 12.4 Have you ever had yeast infections? 12.5 Where you taking antibiotics on the day of your arrest? 13. Gastronintestinal System 13.1 Gastric Reflux Disease: 13.2 Esophaghea Hernia: 13.3 Heartburn: 13.4 Do you use Tagament, Zantac or other anti-heart burn medication? If so, what: 13.5 Do you suffer from any urinary track infections? 13.6 Do you suffer from bladder infections? PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 49

50 The Ruane New Client Packet Client Medical Questionnaire 14. Skeletal System 14.1 Have you ever suffered injuries to or have deformities in your: Feet Ankles Knees Legs Back Spine Hands or Fingers Neck 14.2 Do you suffer from Arthritis? 14.3 Are you Pigeon Toed? 14.4 Are you Bow Legged? 15. Muscular System 15.1 At the time of your arrest did you have any muscle: Strains Sprains Tears Atrophy Cramps 15.2 Have you ever suffered any disease of the muscles? 15.3 Do you have Ataxia? 15.4 Do you have any condition which you believe effects your balance and coordination? What: 16. Circulatory System 16.1 Do you have heart disease? 16.2 Do you take any blood thinners? 17. Neurological/Psychological/Psychiatric 17.1 Have you ever suffered a stroke? 17.2 Have you ever suffered an injury to the brain? PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 50

51 The Ruane New Client Packet Client Medical Questionnaire 17.3 Have you ever seen a psychologist or a psychiatrist? What was diagnosis: When: Were you placed on medication? What: 17.4 Have you been diagnosed with Attention Deficit Disorder? 17.5 Do you suffer from Depression? 17.6 Do you experience Anxiety Attacks? 17.7 Do you get nervous easily? 18. Accident Cases 18.1 Did you hit your head? 18.2 Were you injured in any way? If so, how: 18.3 Were you wearing a seatbelt? 18.4 Did you air bag deploy? 18.5 Were you taken to the hospital? 18.6 Were you put on an IV prior to having your blood withdrawn? 18.7 Do you remember talking with a police officer? 18.8 Did you ever loose consciousness? 19. The Mouth 19.1 Do you have periodontal disease? 19.2 Do you have dentures? 19.3 Do you have any extensive Bridge work? 19.4 Do you have any caps or crowns which are loose? 19.5 Do you have any condition which introduces blood into your mouth? 19.6 Were you on antihistamines on the day of your arrest? 20. General Information 20.1 Do you have any condition that would effect your ability to perform field sobriety tests? What: 20.2 Do you have any condition that would make you appear to be intoxicated? What: 20.3 Were you pepper sprayed or sprayed with mace? PERSONAL & CONFIDENTIAL -- PROTECTED BY PRIVILEGE 51

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`HOIL0HN6

53 The Ruane New Client Packet COUPON for Dealing With It COUPON FOR A FREE COPY OF OUR BOOK Simply PRINT this page and bring to your FIRST appointment! (FREE Preview of Dealing With It follows!) 53

54 The Ruane New Client Packet Directions Directions to Our Office Ruane Attorneys at Law 10 Middle Street, 11th Floor 11th Floor Bridgeport, CT FROM I-95 FROM STAMFORD AND NEW YORK Take the CT-25/CT-8 exit, exit number 27A, towards TRUMBULL/WATERBURY. 0.4 miles Merge onto COLONEL HENRY MUCCI HWY. 0.3 miles Take the GOLDEN HILL ST exit, exit number 2, towards MAIN ST. 0.1 miles Keep RIGHT at the fork in the ramp. 0.0 miles Merge onto HARRISON ST. 0.1 miles Turn LEFT onto FAIRFIELD AVE. 0.2 miles Turn RIGHT onto MIDDLE ST. 0.1 miles FROM I-95 FROM NEW HAVEN AND HARTFORD Take the LAFAYETTE BLVD exit, exit number 27, towards DOWNTOWN. 0.1 miles Keep RIGHT at the fork in the ramp. 0.1 miles Merge onto LAFAYETTE BLVD. 0.2 miles Turn RIGHT onto STATE ST. 0.2 miles Turn LEFT onto MAIN ST. 0.2 miles Turn RIGHT onto FAIRFIELD AVE. 0.0 miles Turn RIGHT onto MIDDLE ST. 0.1 miles FROM THE MERRITT PARKWAY FROM EITHER NEW HAVEN OR STAMFORD Take the appropriate exit for CT-25 S (exit 49 S) Take CT-25 S. Take the MAIN STREET exit- (exit 3), towards WASHINGTON AVE. Keep LEFT at the fork in the ramp. Merge onto MAIN ST. (0.52 miles) Turn LEFT onto FAIRFIELD AVE. Turn RIGHT onto MIDDLE ST. Building is up one and one half blocks on LEFT 54

55 The Ruane New Client Packet Our Staff office: RUANE Attorneys At Law OUR STAFF fax: Attorney James O. Ruane Attorney James J. Ruane Krista Anroman Paralegal Melissa Pinto Case Manager Sean Barrett Legal Assistant 55

56 Dealing With It A Citizen s Guide to the Connecticut DUI/DWI Justice System TESTIMONIALS "Hands down the most concise, easy to read outline of how a DUI case works that I have ever encountered." Attorney Vincent Tucci Orange County, CA "I recommend this book to EVERY person I bond out for a DUI case." Sean Cook "Answers virtually every question posed by my clients... in a single volume - with no complicated language." Attorney Douglas Wilder Dallas, TX The next section of your Survival Guide provides a FREE preview of our recently published book Dealing With It: A Citizen s Guide to the Connecticut DUI/DWI Justice System. Here you can read THREE FULL chapters of our acclaimed guide dedicated to helping our clients. This helpful PREVIEW is only a tiny example of what you could receive by simply stopping by our office for an appointment. It consists of the Introduction, and three chapters, the first of which is Chapter 1: The Basics and provides you with the essentials of the myriad of information concerning a DUI arrest. The second chapter we have included in the Preview is Chapter 2: The DUI Law which provides you with a copy of the DUI laws in Connecticut, as stated in the Connecticut General Statues. In between some of the laws, you can find green text boxes--attorney Ruane has included his comments concerning the laws for your benefit and further understanding. The final chapter we have included in the Preview is Chapter 10: The Criminal Process, an in depth look at the the Court process and an extension of what we have included in the Survival Guide. In Our New Client Packet, you can find a coupon that then entitles you to a FREE copy of Dealing With It in it s entirety. When coupled with this Survival Guide, Dealing With It will provide you a level of unprecedented client preparedness, allowing you and your attorney to develop the best possible defenses for your case! 56

57 Dealing With It Table of Contents Table of Contents (Sections Highlighted In Green Are Included In Your FREE Preview) Foreword Introduction Chapter 1: The Basics Chapter 2: The DUI Law Chapter 3: Alcohol: Why & How Chapter 4: The Role Of The Police Chapter 5: The Field Sobriety Tests Chapter 6: The Intoxilyzer 5000 Chapter 7: The DMV Process Chapter 8: Drivers License Points Chapter 9: Records, Insurance & CDL Chapter 10: The Criminal Process Chapter 11: License Suspension Chapter 12: Boating Under The Influence Conclusion Appendix A: Common Motor Vehicle Suspensions Appendix B: Our Team 57

58 Introduction A Message To Our Clients This book is meant to serve as an introduction to the legal concepts and scientific principles which are found commonly in DUI cases in Connecticut. It is not meant, in any way, to supplant earnest representation by a skilled, qualified DUI defense attorney. The prosecution of DUI cases has evolved over time, and so has the DUI defense attorney. Years ago, DUI was a minor issue, and the punishments were similarly minor. The last 30 years, however, have fundamentally altered the landscape of DUI prosecutions and defense. More and more, citizens are turning to highly skilled DUI attorneys to represent them in the defense against the charges coming from the state. As the penalties grow, from originally a modest fine to the recent punishment of vehicle seizure, financial penalties in the thousands and potential (and sometimes mandatory) incarceration, honest and hardworking citizens without any prior involvement with the criminal justice system find themselves cast as a substance abuser and a scourge to society. In some states, and in a limited way in Connecticut, prosecutors are not free to just drop a DUI case without going before a Court and giving a reason why and more strict limitations are sure to come in the future. The blood alcohol threshold has evolved over time as well, starting at 0.15, and now at It is possible that one day we could be facing a zero tolerance for any mixture of alcohol and driving, with or without actual impairment. Throughout these chapters you will find more in depth information about DUI, the law, the science and the myths in Connecticut. A DUI allegation can cause restless nights and panic for even the calmest of persons and should you have any questions, please contact our office. Your questions are important and you should have a FULL understanding of all the legal predicaments you are facing. Best of luck with your case, Attorney James O. Ruane 58

59 Chapter 1 The Basics In the state of Connecticut, you are legally intoxicated if your blood alcohol content (BAC) is a.08 or higher. If you are under the legal age to consume alcohol (21 years old), you are considered legally intoxicated if you have a BAC of.02 or higher. Connecticut has an Implied Consent Law that states that every person who operates a motor vehicle has consented to take a test to determine their blood alcohol content at any time while they are operating a motor vehicle. A person who operates a motor vehicle under the influence of alcohol or drugs will face both criminal and administrative charges (See Figures A and B). The criminal charges require an appearance in court to prosecuted for DUI. The administrative charges deal with the automatic suspension of your license by the DMV. The Court and DMV are totally independent of each other, however both carry serious penalties. If you are arrested for a DUI in the state of Connecticut: You will be detained by the police and read your rights. You will be handcuffed. Your vehicle will be searched. Your vehicle will be towed at your expense. You will be taken in a police cruiser to the police station. You will be asked to submit to a BAC test. You will be kept in a police lock-up until you are bailed out or released by a judge through an in-court arraignment. At the Connecticut Department of Motor Vehicles (the DMV ) all applications for new licenses and renewals are reviewed for previous DUI convictions in other states as well as other serious offenses prior to issuing the license. If a person applying for a Connecticut State license has a previous DUI in another state, it is considered a prior offense within Connecticut if a license is administered. 59

60 The Basics Chapter 1 Connecticut uses many different techniques when detecting and apprehending drunk drivers which include sobriety checkpoints, blanket patrols, publicized enforcement campaigns, standardized field sobriety testing, preliminary breath tests, mobile videotaping and BAT Mobiles. Identifying drunk drivers who continue the same behavior of heavy drinking followed by driving is essential in effectively keeping them off the road. The state of Connecticut has over 3.5 million drivers and on average, about 20,000 DUI arrests each year. Any person convicted of DUI will have at risk driver imprinted on the back of their license to easily identify them. For first time offenders, there is a chance, however, to enter into a diversion program. The offender may be allowed to enter into a pre-trial education program for alcohol abuse and it is possible for the court to dismiss charges upon completing the program satisfactorily. The rehabilitation can take the form of outpatient or inpatient treatment. After conviction, whether after plea or trial, judges most often order defendants to go through an alcohol assessment and evaluation program to determine the level and scope of their problems with alcohol. Treatment for all offenders is mandatory and without successful completion of treatment, license reinstatement will not occur. IMPORTANT NOTE: If the DMV suspends your license to drive for a DUI arrest or conviction and you are found operating any vehicle, you will face a MANDATORY 30 DAY JAIL SENTENCE which cannot be reduced by a judge unless the judge finds mitigating circumstances. 60

61 Chapter 2 The DUI Law Connecticut General Statutes Section a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (a) Operation while under the influence or while having an elevated blood alcohol content. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle on a public highway of this state or on any road of a district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or on any private road on which a speed limit has been established in accordance with the provisions of section a, or in any parking area for ten or more cars or on any school property (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, "elevated blood alcohol content" means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight. In State v. Ducatt, 22 Conn. App. 88, 575 A.2d 708, cert. denied, 217 Conn. 804, 584 A. 2d 472 (1990), The Appellate court addressed the issue of what constitutes operation of a motor vehicle within the meaning of a (a) (1). They concluded that an individual "operates a motor vehicle within the meaning of General Statutes a (a) when, while under the influence of alcohol or any drug and while in the vehicle and in a position to control its movements, he manipulates, for any purpose, the machinery of the motor or any other machinery manipulable from the driver's position that affects or could affect the vehicle's movement, whether the accused moves the vehicle or not." The statute does not require that intent to move the vehicle be established. This established the "keys in the ignition" rule as determinative as whether a car is "in operation" The car never even has to move, or a person never has to give the car gas, and the element of "operation has been met." 61

62 The DUI Laws Chapter 2 (b) Admissibility of chemical analysis. Except as provided in subsection (c) of this section, in any criminal prosecution for violation of subsection (a) of this section, 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 breath, blood or urine shall be admissible and competent provided: (1) The defendant was afforded a reasonable 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 result was mailed to or personally delivered to the defendant within twenty-four 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 with equipment approved by the Department of Public Safety and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least thirty minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is twelve-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense. 62

63 The DUI Laws Chapter 2 Breath Testing and Admissibility In State v. Nokes, the court held that although the language calls for a rebuttable presumption for the chemical evidence to go to the jury, it should be charged as a permissive inference in the jury charge so as to not shift the burden of the evidence away from the prosecution. Blood Testing and Admissibility In State v. Coughlin, the State was unable to identify the person who drew the defendant s blood. Accordingly, the Defense moved to preclude the evidence because it could not be shown that the blood draw was done in accordance with l. The State, at trial, offered the testimony of the Vivian Weinberger, who testified that the emergency room policy was to have the blood drawn by a person who would have fulfilled the statute s requirements. The Court held that the procedure of the hospital to have a qualified person draw the blood, even in the absence of proof that a qualified person drew the blood of the defendant, was sufficient to allow the blood test results into evidence When State v. Kirsch is read in conjunction with Coughlin, it is apparent that from now on, all blood tests done at hospitals will come in against the defendant. Kirsh argued that the mere acceptance of the blood test because it was qualified under statute was in error because it still did not obviate the need for a Porter hearing on the methodology of the blood analysis. The Supreme Court agreed with the premise, however, the Supreme Court also found that the methodology of blood collection in the hospital was a sound and scientifically valid method used for at least 15 years in the diagnosis and treatment of patients. In essence, the Supreme Court has then permanently permitted Blood evidence of intoxication. (c) Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol 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, otherwise admissible under subsection (b) of this section, shall be admissible only at the request of the defendant. (d) Testing and analysis of blood, breath and urine. The Commissioner of Public Safety shall ascertain the reliability of each method and type of device offered for chemical testing and analysis purposes of blood, of breath and of urine and certify those methods and types which said commissioner finds suitable for use in testing and analysis of blood, breath and urine, respectively, 63

64 The DUI Laws Chapter 2 in this state. The Commissioner of Public Safety shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as said commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require re-certification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency. In fact, our state Toxicologist has testified that the Intoxilyzer machine, as it is created to function, did not comply with the written requirements for alcohol testing until October 1, Despite that fact, judges routinely allow the evidence in against criminal defendants. (e) Evidence of refusal to submit to test. In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with section b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test. (f) Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal. Because of this part of the Law, many prosecutors are unwilling to reduce or drop a DUI case. Many times, they would rather go to trial and lose then drop a case. That way, they can blame the jury and not lose face with MADD, judges and other prosecutors. (g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, and (B) be (i) imprisoned not 64

65 The DUI Laws Chapter 2 more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year; (2) for conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for three years or until the date of such person's twenty-first birthday, whichever is longer, or (ii) if such person has been convicted of a violation of subdivision (1) of subsection (a) of this section on account of being under the influence of intoxicating liquor or of subdivision (2) of subsection (a) of this section, have such person's motor vehicle operator's license or nonresident operating privilege suspended for one year and be prohibited for the two-year period following completion of such period of suspension from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section j; and (3) for conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section e, and (C) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of either subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the 65

66 The DUI Laws Chapter 2 same as subdivision (1) or (2) of subsection (a) of this section or section 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense. (h) Suspension of operator's license or nonresident operating privilege. (1) Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section The commissioner shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The commissioner shall determine the period of time required by said subsection (g) based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction. (2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who is under eighteen years of age shall be suspended by the commissioner for the period of time set forth in subsection (g) of this section, or until such person attains the age of eighteen years, whichever period is longer. (3) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section. (4) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal. (i) Installation of ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served not less than one year of such suspension, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person. No person whose license is suspended by the commissioner for any other reason or who has not enrolled in the treatment program established under section f or obtained a waiver from the requirement to participate in such program pursuant to subsection (c) of said section f, shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device. (2) If the commissioner determines that any person whose license has been 66

67 The DUI Laws Chapter 2 suspended in accordance with the provisions of subsection (h) of this section may have a condition that would render such person incapable of safely operating a motor vehicle, the commissioner may, as a condition of the reinstatement of such license, require that such person only operate a motor vehicle that is equipped with a functioning, approved ignition interlock device for such period of time as may be prescribed by the commissioner. (3) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. (4) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner. (5) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked. (6) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C)(ii) of subdivision (2) of subsection (g) of this section on or after September 1, (j) Participation in alcohol education and treatment program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) of this section, the court may order such person to participate in an alcohol education and treatment program. (k) Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from or a urine sample provided by such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) a police 67

68 The DUI Laws Chapter 2 officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and (4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury. (l) Participation in victim impact panel program. If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Department. Such victim impact panel program shall provide a non-confrontational forum for the victims of alcohol-related or drugrelated offenses and offenders to share experiences on the impact of alcohol-related or drugrelated incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than twenty-five dollars on any person required by the court to participate in such program. 68

69 Chapter 10 The Criminal Process Perhaps the most challenging aspect of a DUI charge is dealing with the stress associated with it. There are several stressful factors that will affect the defendant, the most difficult of which is the frightening experience of the arrest itself. It is very common to have nightmares about the ordeal and to find oneself thinking about it during daily activity as well. Many people notice changes in many aspects of their lives including diet, difficulties in completing daily activities, weight loss and sleepless nights. These are common occurrences and those who are handling DUI charges should understand that they are not alone and their problems are not unique. Most people who are charged with the offense of driving under the influence are just common everyday people. They have never had a brush with the law. They are not regular customers with the legal system, especially the criminal legal system, and should understand that the stress they are going through is very normal although overwhelming at many times. Another difficulty that may arise and cause stress is the waiting period. In the majority of cases, your attorney can do nothing to speed up the waiting process because the control lies with the clerk of the court, judges, and the prosecutor and they will move at their pace depending on the amount of cases that are ahead of your own. If a case is delayed a few months, you should not be worried because it must wait its turn in the regular rotation of cases. The average waiting period for a case is two or three months, but in very rare instances, the case could run over a year. There are times where your attorney may also delay your case, which is referred to as a continuance. These are intentionally extended by your attorney to provide accommodation for your case so that your chances of winning the case will be improved. Try not to stress during the waiting period. Your attorney is doing what is in your best interest and you must trust his/her decisions. Trust in your attorney and in that their decisions are in your best interests is essential to a healthy attorney-client relationship. Another large contributor to stress is ambiguity in the legal system. The system is very complicated, but the following flowchart explains the normal processes. 69

70 The Criminal Process Chapter 10 After your arrest, the police will issue you a summons to appear in court. You may be required to post a bond to be released. The police may also release you on a written promise to appear. Both will inform you of the date of your mandatory court appearance. Failing to appear in court may result in the State charging you with the crime of Failure to Appear. Even the lowest charge of Failure to Appear carries the potential penalty of one year in jail and/or a $2000 fine. Initially, your case will appear on the regular docket. This is the docket to which all new cases are assigned. A case will likely be maintained on the regular docket for the first few court appearances and in certain situations, your case can be resolved while on this docket. Some courts allow the attorney to appear on your behalf, while others require the appearance of the client. 70

71 The Criminal Process Chapter 10 Failure to be in court can result in forfeiture of your bond and a warrant being issued for you for the crime of Failure to Appear. Over the next few court appearances, the prosecution and your defense lawyer discuss the merits of your defenses, however these discussions are conducted in private. One of the main reasons for this practice is that any information, when discussed in private, cannot be used in the prosecution of the case. If the discussions were conducted in open court, there would be witnesses who could be called to testify about the case. It serves your benefit to allow this to happen. If the discussions with the prosecutor and your attorney do not yield a satisfactory disposition, the matter will be set down for a judicial pretrial. Most courts have a judge who controls the criminal docket. This judge is called the presiding judge. This judge will sit as the final arbiter of the matter before it is determined that the case cannot be resolved without a trial. After a judicial pretrial, the Court will make an offer to resolve the case after hearing from the prosecution and the defense lawyer. The sides often propose different disposition possibilities and the judge listens to both sides to see what is a reasonable disposition given the legal and factual claims both sides make. If you, your attorney and the State agree on a disposition of the case you may be required to do a number of different things. Some of these things involve paying a fine, completing alcohol counseling or complying with probation. If you plead guilty to a crime, which may be punishable by some period of jail time, the judge must ask you a series of questions to determine if you are knowingly and voluntarily pleading to the charges. The judge must also agree to give you the disposition that you agreed upon, and even if the judge does not approve, the judge must allow you to withdraw your plea. There are 3 ways to plead or be found guilty. The first way is a straight guilty plea. A straight plea means you agree with the allegations, and that the state is saying you committed a crime and you are agreeing you are guilty. The second way you can plead guilty is under the Alford Doctrine. The Alford Doctrine means that you do not agree with some, or all of the facts that the state claims happened, however, in light of what you know the state has to prove, you wish to plead guilty and accept a definite disposition rather than risk going to trial and losing, and being sentenced to a greater penalty. The final way to plead guilty is to plead nolo contendere. Nolo contendere is Latin for No Contest. This means that you are not contesting the charges and not putting up any defenses to the charge. 71

72 The Criminal Process Chapter 10 to begin jury selection or voir dire. In Connecticut, our Constitution allows for your defense attorney to question each independent potential juror about their knowledge of the case, the witnesses and there general outlook on life. During this phase, your attorney tries to find the best possible candidates to sit on a jury and side with you. At the same time, the state attorney is looking to find the best possible jurors who will convict you. Depending on the exact charges against you, your lawyer and the state will each have a certain number of challenges which allows them to get rid of a potential juror without having a reason. If your attorney or the State attorney tries to exclude a particular gender or race, however, the judge can stop them if the other side points it out. Unlike on TV and in the movies, in Connecticut there are not long opening statements. In fact, unless there are unusual circumstances and a judge has approved them, there will be no opening statement in your case. The prosecutor will call the first witness for the state, which is usually the police officer. After the state has asked questions of the first witness, your defense lawyer will be allowed to cross examine the witness and this continues until the state has no more witnesses to call. According to the federal and state constitution, the defense does not a burden to introduce any evidence. If the defense chooses not to do so, the sides would then make their closing arguments. However most of the time, the defense will call witnesses of their own, at which point the defense attorney will ask questions, and the prosecution will have a chance to cross-examine. After the defense has finished, the State then has a chance to bring in witnesses if they can rebut the evidence of the defense witnesses. If they do not call any, the case proceeds with closing arguments. During closing arguments, both sides try to convince the jury to either find you guilty or not guilty (depending on the attorney). After closing arguments, the Judge will instruct the jury on the law of the case, and how it is to be applied. Once that is done, the jury is sent to the jury room to deliberate. They elect a foreperson, and discuss the case until the have reached a unanimous verdict, which means that all of the jurors must be in agreement on the verdict. Once a decision has been made, the jury sends a note to the judge in order tell the court that they have come to a decision. If they cannot agree, the judge may tell them deliberate again, however if they decide that an unanimous decision cannot be found, the judge declares a mistrial. If the jury can agree, the 72

73 The Criminal Process Chapter 10 the judge then brings the jury into the courtroom and the clerk of the court asks the foreperson what the verdict is. If the jury finds you not guilty then the case is over. If the jury finds that you are guilty, the case will then continue on to sentencing phase. When appearing for sentencing, which may happen the same day if the case is a misdemeanor, the judge may sentence you to the maximum period of jail time allowable for the crime. Oftentimes prior to sentencing, the judge will order the Probation department to conduct a pre-sentence investigation and report, which serves to provide the judge with a better understanding of whom you are as a person. The probation department may suggest a certain way for the judge to structure the sentence or certain things to include (community service, counseling), however the judge ultimately decides the sentence. If you are convicted, you are permitted to an appeal, but you must hire a lawyer to represent you for this new phase, which unfortunately is normally a separate fee from you trial fee for your trial lawyer. Many times people simply hire the trial lawyer for the appeal because he or she already has knowledge of the case and has conducted research on the exact issues that will be appealed. The appeal only deals with legal issues, not factual issues, so it is not a retrial. Your lawyer then will review the court transcript to find questionable issues, such as the inclusion of improper evidence by the state or incorrect instruction on the law to the jury by the judge. The appeal is filed within a few months and then the State is given time to file a brief in opposition. The case is then argued in front of a panel of 3 judges in Hartford, in which witnesses are not presented and a time limit is instituted for both sides. After the case is argued, the judges release a written decision, which either affirms the guilty verdict, or reverses the decision and a retrial begins. In rare circumstances, the reversal will complete the case and there will not be a retrial. If the original decision is affirmed however, your lawyer may appeal for review by the Supreme Court. How to Dress for Court Going to court is a formal occasion and the members of the bench (judges) and bar (attorneys) take their role very seriously. Many of them chose this profession after careful reflection and years of study. There are specific rules concerning behavior, the procedure, and even what can be said, and even though these rules only apply in the courtroom, the manner in which you proceed and follow these rules greatly affects your case. First impressions and the way in which you carry yourself are very important, and instead of wearing whatever you feel like 73

74 The Criminal Process Chapter 10 (your work clothes, casual clothes, etc.) to court, ask yourself who the judge would take most seriously. To gain the respect of the Court, you should dress professionally, as if you were attending a job interview, so that you may provide the best first impression possible. By establishing a sense of professionalism with your dress, you are also establishing credibility. Men should wear a suit and tie or a sport coat and tie. Women should wear a business suit or a conservative dress. If you do not have this type of clothing, make sure that your clothes are neat and clean. Dress like a professional, avoiding loud colors, costume jewelry, or anything else that is flashy and that will draw attention. Do not wear items that identify your personal association with a group, whether it be a college pin, religious jewelry or political buttons, for these items can inspire prejudice in the minds of the judge or jury. Men should be clean-shaven and should get a hair cut if needed and women should avoid loud hairstyles and keep their makeup to a minimum. How to Conduct Yourself in Court Rude behavior is not tolerated in court, so simply be respectful and do not argue. Politeness is also a sign of professionalism, so do not get overtly excited and avoid interruptions. Patience is particularly important as well. You may have to be in the courtroom all morning and then return in the afternoon. You are free to leave the courtroom whenever you need to, but tell an officer of the court that you are leaving. Officers of the court include your attorney, or public defender, the marshall or the court clerk. If your case is called and you have not told someone you were leaving, the judge can issue a warrant for your immediate arrest. Cell phones, laptop computers, handheld stereos, CD players and other similar items can not be used in court. Sit and wait patiently while paying attention to how other people interact with the judge. Do not read a newspaper or book while in court, for this is disrespectful. Finally and most importantly, make sure to get enough rest the night before a court date. While it is a quiet place, you should ensure that you never fall asleep in court. If you do, it is likely that you will be escorted out the Marshall and forced to come back on another date, forcing you to lose yet another day of work. Before entering the court, you should double check your clothing and appearance as well as review reports, records, and any personal notes. Any other material that could be deemed as evidence should be reviewed to make sure it is intact and organized when bringing it into court. If you have any concerns, including those about testifying or have information that your attorney 74

75 The Criminal Process Chapter 10 should know, it should be disclosed prior to entering the courtroom. The case should be reviewed by both you and your attorney and remember to disclose any skeletons in your closet to prevent your attorney from being surprised in court. Reviewing the case prior to entering court will also help to refresh your memory. Be early when arriving to court or at the least, BE ON TIME! If you miss your case, you will have to reschedule and will end up missing another day of work, or you may be arrested for Failure to Appear, another misdemeanor. The way that you act while in court will help to develop your credibility, either positively or negatively. To prevent from developing negative credibility, avoid being perceived as cocky, argumentative, defensive, immature, or uninterested. Do not carry any items in your pockets that could make noise or that could distract you during court. You will be evaluated by how you act in the courtroom, so avoid negative body language such as folding your arms, crossing your legs or chewing gum. Simply sit silently and do not slouch and when speaking, do so slowly and clearly. Listen when you are being addressed so that questions do not have to be repeated and always address the judge as Your Honor. Courthouses and Clerks offices are open Monday Friday from 9 AM until 5 PM, but are closed for lunch between 1 and 2 p.m. Offices and courthouses are closed only on legal holidays which include the following days: New Year s Day Martin Luther King Day Lincoln s Birthday Washington s Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veteran s Day Thanksgiving Day Christmas Day 75

76 The Connecticut DUI Survival Guide LEGAL DISCLAIMER This guide contains information which is legal in nature and should never be used as a replacement for counsel. This information is to be used as a guide to help you make important decisions for your case. The downloading, use or review of this does not create an attorney/client relationship between yourself and Ruane Attorneys at Law. The text of this guide does not necessarily reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. Attorney James O. Ruane Copyright 2005 Ruane Attorneys at Law 10 Middle Street, 11th Floor Bridgeport, CT office: fax: DUI - HOPE Authors: Attorney James O. Ruane & Sean P. Barrett Editors: Attorney James O. Ruane & Sean P. Barrett Design: Sean P. Barrett Dealing With It Copyright 2005 Ruane Attorneys at Law MADD s Mislead Statistics reprinted here with permission from author, Ed Hass Ruane Attorneys at Law