State v. Innamorato
State v. Innamorato
Opinion of the Court
Opinion
The defendant, Joseph P. Innamorato, Jr., appeals from the judgment of conviction on the charge of operating a motor vehicle while under the influence of intoxicating liquor in violation of General Statutes § 14-227a (a)
The following facts and procedural history are relevant to our resolution of the defendant’s appeal. On March 24,2001, at approximately 3 a.m., the state police observed the defendant driving a vehicle a few feet in a parking lot adjacent to Humphrey’s Restaurant at the comer of Route 1 and Hammock Road in Old Saybrook. The defendant was arrested and charged with one count each of operating a motor vehicle without insurance in violation of General Statutes § 38a-371 and operating a motor vehicle while under the influence of intoxicating liquor in violation of § 14-227a (a). Prior to trial, the defendant sought to dismiss the drunk driving charge, claiming that the private parking lot in which he operated his vehicle contained only nine spaces, and, therefore, was not a “parking area for ten or more cars” as defined by § 14-227a (a). Following a hearing, the court denied the defendant’s motion to dismiss, concluding that the parking lot at issue did fall within the meaning of § 14-227a (a).
The defendant claims that the court improperly denied his motion to dismiss when it found that the nine space parking lot in which he was parked at the time of his arrest was a “parking area for ten or more cars” within the scope of § 14-227a (a). In particular, the defendant argues, as he did before the court, that the legislature intended that the number of parking spaces designated in a site plan approved by a local zoning commission should be used in determining whether the parking area in question is a parking area for ten or more cars. Therefore, the defendant maintains that the actual past use of the parking area is irrelevant in determining whether a parking lot is subject to the statute. The state contends, to the contrary, that the court correctly concluded that because the parking area regularly accommodates and is used by ten or more cars, the nine space parking lot satisfies the requirements of § 14-227a (a). Our review of the language, legislative history and purpose of § 14-227a (a) leads us to agree with the state.
Our appellate courts have not previously addressed the meaning of the phrase “any parking area for ten or more cars . . . .” “Statutory construction . . . presents a question of law over which our review is plenary. . . . According to our long-standing principles of statutory [interpretation], our fundamental objective is to ascertain and give effect to the intent of the legislature. ... In determining the intent of a statute, we look to
With that legal framework in mind, we begin our analysis with the relevant provision of § 14-227a (a), which provides in relevant part that “[n]o 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 . . . in any parking area for ten or more cars . . . .” (Emphasis added.) General Statutes § 14-212 (6) defines parking area as “lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge . . . .” It does not define the phrase as narrowly as does the defendant. In conducting our analysis, we are mindful that “[w]ords in a statute must be given their plain and ordinary meaning . . . unless the context indicates that a different meaning was intended.” (Internal quotation marks omitted.) State v. Vickers, 260 Conn. 219, 224, 796 A.2d 502 (2002); see also General Statutes § 1-1 (a); but see State v. Courchesne, supra, 262 Conn. 577-78. We conclude that the plain language of the two pertinent statutory provisions, read together, does not resolve the issue presented here.
As stated previously, our analysis does not end with the words of the statute. See State v. Courchesne, supra, 262 Conn. 537; Schiano v. Bliss Exterminating Co., 260
It also is a rule of statutory construction that “ [i]dentifying the societal problems which the legislature sought to address may be particularly helpful in determining the true meaning of the statute. State v. Campbell, 180 Conn. 557, 562, 429 A.2d 960 (1980). It is clear that the societal problem the legislature sought to address in
Finally, our conclusion is supported by our Supreme Court’s decision in State v. Boucher, 207 Conn. 612, 615, 541 A.2d 865 (1988). In Boucher, as in this case, the defendant was arrested in a shopping center parking lot and charged with operating a motor vehicle while under the influence of intoxicating liquor in violation of § 14-227a (a). The defendant thereafter successfully sought to dismiss that charge, claiming that the parking lot did not come within the purview of § 14-227a (a). Id., 614. Our Supreme Court reversed this court’s holding that the parking lot was not “open to public use,” as defined in § 14-212 [6], reasoning that “[a] place is ‘public’ to which the public is invited either expressly or by implication to come for the purpose of trading or transacting business.” Id., 616. The Supreme Court reviewed the legislative history and intent of the statute and further explained that “[t]he legislature enacted the statutes governing the operation of motor vehicles for
On the basis of our review of the language of § 14-227a (a), and having considered the purpose of the statute and the reason and necessity for its enactment, we reject the argument propounded by the defendant and conclude that the court properly denied his motion to dismiss.
The judgment is affirmed.
In this opinion the other judges concurred.
The plea of nolo contendere was entered conditional on the right to appeal pursuant to General Statutes § 54-94a and Practice Book § 61-6.
In a memorandum of decision dated August 13, 2001, the court determined, apparently based in part on the testimony of Trooper Conrad Winalski of the state police, that Winalski often saw fifteen to twenty cars parked in the lot of Humphrey’s Restaurant. In response to the defendant’s argument that Humphrey’s parking lot did not come within the reach of General Statutes § 14r227a because it was “approved” for only nine spaces, the court rejected that argument because the words “approved” and “spaces” were not included in the text of the statute. The court then noted that the legislative history surrounding the passage of the statute was not helpful to its interpretation. On the basis of all of those considerations and the legislative purpose behind the statute, the court concluded that the parking lot at issue came within the requirements of § 14-227a (a) because it accommodated and was used by more than ten cars. The court explained that “to hold that . . . § 14-227a limits arrests to only those parking areas ‘approved’ for ten or more spaces would undermine the legislature’s intent to protect individuals in parking areas from the dangers of drivers operating under the influence.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.