State v. Trantolo
State v. Trantolo
Opinion of the Court
The defendant appealed from a judgment of the Circuit Court convicting him of the crime of speeding, in violation of § 14-219 (a) (2) of the General Statutes, after a trial to the court. The penalty imposed was a fine of $100.
The defendant was charged with speeding on route 1-91, in the town of Wallingford, at 1:45 p.m., on August 31,1966. He was personally served with uniform traffic ticket No. 1-633-733 (Practice Book § 852) by a state trooper, Thomas Gugliotti, and was summoned to appear before the Circuit Court in the seventh circuit to be held at Meriden on September 19, 1966. Sometime prior to September 19, 1966, the defendant, through his counsel, filed a written general appearance under the provisions of § 54-2b, entitled “Pleading by mail in certain motor vehicle cases.”
The state’s case was predicated upon the testimony of Grugliotti. He testified that on August 31, 1966, he clocked a vehicle on route 1-91, in the town of Wallingford, for a distance of about one and one-
The defendant’s basic claim on this appeal is that the conviction cannot stand because the state failed sufficiently to establish the identity of the defendant as the operator of the vehicle upon whom the summons was served, that is to say, the trooper was unable on the witness stand to give testimony to establish the defendant’s guilt of the offense charged.
In People v. Keller, 21 Misc. 2d 175 (N.Y.), the court held (Gassman, P. J., dissenting) that “[t]he fact that a driver of a vehicle received a summons personally and appeared in court to answer the summons, plus the fact that that person was the owner of the registered vehicle involved, creates an irresistible inference that such person drove the vehicle at the time in question.” It must be borne in mind that the alleged speeding violation occurred on August 31, 1966, and that the trial took place more than six months later, on March 7,1967. Could
Both principle and common sense support affirmance of this conviction.
There is no error.
In this opinion Dearington and Wise, Js., concurred.
“Sec. 54-2b. pleading by mail in certain motor vehicle cases. In any criminal action in the circuit court arising out of an alleged violation of the law relating to motor vehicles, appearances, pleas of not guilty and requests for trial by jury or court may be made by or on behalf of the defendant by mailing such pleas and requests by first-class mail, postage prepaid, to the clerk of the court for the circuit in which such case is to be tried, which pleas and requests shall be received by said clerk not later than the court day next preceding the day on which the defendant is to appear. Said pleas and claims shall be filed on forms approved by the judges of the circuit court.”
Under Part A, “Eights of Accused,” a defendant who elects to plead by mail under § 54-2b is fully warned of his rights as required by § 54-lb. Part A reads as follows:
“DO NOT SIGN THIS PAET UNTIL YOU CABEFÜLLY BEAD . AND ÜNDEBSTAND IT.
1. I am hereby advised and understand that:
a. I have a right to retain counsel and will be allowed reasonable opportunity to consult counsel.
b. I have a right to refuse to make any statement, and any*699 statement that I make may be introduced in Court against me.
c. I have a right to be admitted to bail.
2. I also understand that, if I have been previously convicted of a similar offense within the past five years, I may be presented as a second or subsequent offender. I hereby agree that I may be so presented, and I hereby expressly waive my right to any other notice prior to plea.
3. This is to certify that I have read this part and understand my rights as an accused.
4. This is also to certify that I am 21 years of age or over.
Personal signature of defendant required.”
Form CCT 102, entitled “Appearance, Plea, and Election For Trial (For Use in Motor Vehicle Offenses Only),” was approved by the judges of the Circuit Court at a meeting held on September 25, 1963.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.