Coman v. State, No. Cv92 070 28 13 (Apr. 13, 1992)
Opinion of the Court
In his brief, the defendant advances three bases for his appeal. The court addresses each one separately.
The first basis of the plaintiff's appeal is his contention that the procedure followed at the administrative hearing on his license suspension violated his right to due process of law under the United States and Connecticut constitutions. Specifically, he claims that it was improper for the hearing officer to act in a "dual capacity" as adjudicator and advocate in determining the admissibility and weight of evidence, in particular the arresting police officer's A44 report and attachments.
General Statutes
In this case, the record discloses that the commissioner designated Attorney Thomas Donohue to conduct the hearing and render the final decision. The Department had the police officer's A44 report in accordance with the procedure established by section
The plaintiff cites no authority to support his contention that it was a denial of due process for the hearing officer to offer and accept into evidence the police officer's A44 report in this case. Henderson v. Department of Motor Vehicles,
The second basis of the plaintiff's appeal is that the extra pages of narrative which were attached to the A44 form should not have been admitted in evidence because each of those pages was not separately executed by the police officer under oath. However, the face page of the A44 form contains instructions providing, in part, as follows:
Attach additional sheets or materials necessary to explain portions of this Report. Such attachments are considered part of this Report and are approved by the Commissioner. The statements and information contained therein are sworn to under penalty of false statement.
As indicated, the face page contains the police officer's signature under penalty of false statement as CT Page 3430 required by General Statutes
The plaintiff's last basis of appeal is his contention that there was insufficient evidence on which the hearing officer could base a finding that the plaintiff refused to submit to a chemical test. He supports this argument by pointing to the fact that the police officer neglected to check the box in Section E of the A44 form to show which test the officer requested the plaintiff to take. However, the narrative section of the report, which the court has ruled admissible, plainly states that the plaintiff twice refused to submit to the intoximeter breath test and then created a disturbance in the police department booking room. Moreover, the police officer indicated in several places on the printed portion of the A44 form that the plaintiff refused to submit to a test. Finally, in compliance with
The appeal is dismissed.
MALONEY, JUDGE
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