State v. LaDuke
State v. LaDuke
Opinion of the Court
In a trial to the court, the defendant was convicted of operating a motor vehicle while his operator’s license was under suspension, in violation of § 14-215 of the General Statutes. He
From the evidence, much of which was conflicting, the court could reasonably have found the following facts: An officer of the East Hartford police department was traveling in a northerly direction on Main Street while on cruiser patrol duty on September 9, 1963, around 6 p.m. The day was sunny and visibility was good. He observed a motorcycle approaching him, occupied by two men. The defendant was sitting in front and had his hands on the “grippers” or handlebar of the motorcycle. The cycle had one seat or saddle, and the other occupant, Phillip Jacques, was sitting in back of the defendant. The officer first observed the cycle at a distance of 150 feet. The defendant’s legs were spread-eagled. As the officer approached the cycle, it stopped and the defendant swung his legs over, got off and got on again in back of Jacques. The cycle made a U-turn, and just as the turn was completed the cycle was stopped by the officer. At the time the U-turn was commenced, the officer was some seventy-five feet from the cycle. The officer placed the defendant under arrest for operating a motor vehicle while his operator’s license was under suspension. It was stipulated at the trial that the defendant’s license was under suspension at the time of his arrest. While sitting in the police cruiser, the defendant asked the officer “for a break.” When the officer refused to yield to such solicitation, the defendant called him a vile name and jumped out of the cruiser. A scuffle ensued, the defendant swung at the officer, and both fell to the ground. While the officer and the defendant had been sitting in the cruiser, Jacques had ap
The defendant and Jacques both testified that the defendant was sitting on the gasoline tank in front of Jacques with his hands on the center of the handlebar. They further testified that Jacques was operating the cycle and that the defendant was sitting in such a position that both his legs were on the same side.
Under his assignment of error, the defendant raises two basic claims. First, that because of the distance involved when the defendant was first seen, the officer could not have unmistakenly observed whether the defendant was actually operating the motorcycle, and second, since the officer admitted he was not familiar with the mechanical controls of a motorcycle, the trier could not have reasonably determined who was operating the cycle.
The defendant cites two cases to support his contentions. In Whitt v. Commonwealth, 189 Va. 63, the defendant was convicted of operating while his license was under suspension. The state’s evidence consisted solely of the testimony of an officer sitting in a parked vehicle at a distance of some eighty feet from the car in question on a dark night. The officer claimed he saw the accused get out of the left side door of the car. He further testified that there were no other occupants in the car. The officer made no further investigation or inquiry, nor did he make an arrest. There was credible evidence that two other people occupied the car, one of whom claimed to be the operator. The conviction was reversed on the ground that there was a reason
The vital claim of the defendant is that the evidence was not sufficient to warrant the conclusion that he was actually operating the cycle. The evidence indicated that the officer had no knowledge as to the mechanical operation of the cycle, that is, the operation of the accelerator, clutch and brakes. There was evidence, however, that the gasoline control was on the left part of the handlebar, that the brake was operated from the right part of the handlebar, and that the clutch was
There is no error.
In this opinion Prttyn and Leviete, Js., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.