Operating Under the Influence: Understanding OUI Laws

 Posted on July 22, 2015 in DUI

For decades, interest groups and awareness campaigns have sought to educate the public about the dangers of driving under the influence (DUI). Photos of mangled vehicles, staggering statistics, and tragic stories of DUI fatalities have certainly succeeded to a degree, as virtually nobody would claim that driving drunk is a safe choice. Sometimes, however, there seems to be a significant divide between what an individual sees as drunk driving and what the law says. Operating under the influence, or OUI, as it is known in Connecticut, is a serious charge and one that can have long-lasting effects on those who are convicted.

OUI Laws in Connecticut

There are two sections of the Connecticut General Statutes that form the basis of OUI or DUI laws in the state. The first applicable section establishes the legal definition of operating under the influence as the operation of “a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such a person has an elevated blood alcohol content.” A driver may not operate a private vehicle with a blood alcohol content (BAC) of .08 percent or higher. For a commercial vehicle, elevated BAC begins at .04 percent.

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Medicare "Super Liens" and Personal Injury Claims

 Posted on July 17, 2015 in Motor Vehicle Accidents

If you receive Medicare benefits and are injured in an accident, federal law provides the Centers for Medicare and Medicare Services (CMS) with extensive authority to ensure that Medicare does not cover expenses for which it should not be liable. Commonly referred to in legal circles as a Medicare “super lien,” the power held by CMS is not actually a lien, but instead the right to recover any payment made for expenses that should have been the responsibility of another insurance company or liable party.

Conditional Payment

Under law, Medicare will not pay for items or services if payment “has been made or can reasonably expected to be made under a workers’ compensation plan, an automobile or liability insurance policy or plan (included a self-insured plan or under no-fault insurance.” When payment is not made by the expected primary payer, however, Medicare may provide coverage on a conditional basis, which must be reimbursed if and when the primary payer does make payment. This includes payments made directly to a medical provider, as well as payments intended for the Medicare beneficiary in the form of a settlement, judgment or other award.

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New DUI Law Reduces Administrative Per Se Suspension, Mandates Ignition Interlock Devices

 Posted on July 09, 2015 in DUI

As Connecticut residents planned for Independence Day celebrations last week, the state’s Department of Motor Vehicles (DMV) prepared to implement a new law aimed at standardizing administrative penalties for driving under the influence (DUI) and related offenses. Taking effect on July 1, the new measure addresses both the DMV’s administrative suspension of drivers’ licenses and the subsequent installation of ignition interlock devices, or IIDs. Criminal conviction on DUI charges may result in additional penalties, as the new law focuses on the efforts of the DMV rather than criminal courts.

Administrative Per Se Suspensions

Under Connecticut law, any driver operating a motor vehicle is assumed to have given consent to chemical testing for blood alcohol concentration (BAC). Based on such implied consent, the DMV is empowered by the state to issue administrative penalties in several scenarios. An individual’s driver’s license will be suspended for:

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Connecticut Lawmakers Seek Special Session for Second Chance Initiative

 Posted on June 26, 2015 in Criminal Law

One of Governor Dannel Malloy’s pet projects stalled without a vote in the Connecticut House earlier this month after passing with bipartisan support in the state Senate. The Democratic governor has spent much of the last few months advocating for the passage of his “Second Chance Society” initiative aimed at helping non-violent offenders overcome their mistakes and avoid becoming trapped in a cycle of crime and punishment.

The measure was on the verge of being approved, according to several news outlets, when a filibuster by the Black and Puerto Rican Caucuses and other procedural issues led to the legislative session ending before a vote was taken. The House, however, did approve a resolution calling for a special session to address the bill, along with several others awaiting consideration.

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Alternative Ways to Resolve Personal Injury Claims without a Jury Trial in Connecticut

 Posted on June 20, 2015 in Personal Injury

Typically, in Connecticut, personal injury cases are resolved one of two ways: by trial or by settlement. Certainly, those two options remain viable and are the most popular methods of disposition. However, in smaller personal injury claims, experienced lawyers may readily resolve cases by binding arbitration or mediation. Trials can become expensive and choosing one of these two options can save money when it comes to court costs and attorney's fees.

When faced with arbitration or mediation, personal injury plaintiffs often ask about the difference between them and which is the best method for resolving their case. Though every Connecticut personal injury lawsuit is different, an experienced attorney can evaluate the facts and offer skilled legal guidance.

What Is Arbitration?

Arbitration can be more complicated than mediation. In arbitration, each party chooses an arbitrator, who act as a judge in the case. When those two arbitrators are chosen, the arbitrator duo then chooses a third to also hear the case. The parties can also agree to one arbitrator from the outset of the arbitration instead of using three arbitrators.

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Police Body Cameras: Seeing is Believing in Connecticut DUI Cases

 Posted on June 11, 2015 in DUI

In Baltimore, Ferguson, MO and elsewhere, police shootings of civilians have attorneys and the general public calling for cops to be required to wear body cameras at all times. Body cameras should be implemented in order to record the actual events of confrontations with those they are bound to protect and serve. In Connecticut, there is a bill pending that would establish a body camera pilot program in three police departments of varying sizes.

This program is of particular interest to Connecticut DUI defense attorneys for several reasons. In virtually every DUI arrest, the accused is asked to submit to a series of "field sobriety tests," that is, to do things the police have been taught are indicators of whether someone is or is not under the influence of alcohol or a controlled substance. In many cases, the officer testifies in court that the accused either failed the field sobriety tests or performed them in such a manner to give him probable cause to believe that he was intoxicated.

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"Yes Means Yes": Protecting the Victim or Shifting the Burden of Proof on Connecticut College Campuses?

 Posted on June 05, 2015 in False Allegations

Allegations of sexual assault on college campuses are sadly not new phenomena, but sex crime defense attorneys across Connecticut are very concerned. Attention to the subject was heightened by the Rolling Stone magazine piece entitled, “A Rape on Campus,” wherein the author described an existent rape culture at The University of Virginia. The substance of the article was subsequently proven false, and the article was included in a Columbia Journalism Review piece on The Worst Journalism of 2014. Whether the allegations were true or false, the article thrust the issue into the national political limelight. As politicians are prone to do, the response may have gone too far.

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Watch Out for Connecticut’s DUI Penalties

 Posted on April 29, 2015 in DUI

In an effort to crack down on drunk driving, many states have recently enacted statutes that mete out severe penalties and consequences for those convicted of DUI or a DUI-related offense. Even first-time offenders can easily find themselves facing serious criminal and administrative penalties. For example, the simple act of refusing to submit to a breath test can be punished. In these circumstances, an experienced Connecticut DUI defense attorney is needed to assure you receive the best possible outcome.

Penalties for DUI in Connecticut

Connecticut’s DUI penalties (like those in other states) are meant to deter individuals from driving under the influence. To accomplish this goal, a system of mandatory jail sentences and minimum fines, coupled with mandatory driver’s license suspension periods, is utilized.

• First-time offenders may receive up to six months in jail and up to $1,000 in fines. A first-time offender must serve either two days in jail or complete 100 hours of community service. The minimum fine for a first-time DUI is $500. In addition, a driver’s license will be suspended for a minimum of 45 days and the individual will have to drive a vehicle equipped with an ignition interlock device for at least one year.

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Event Data Recorders: What They Are and Why They Matter

 Posted on April 09, 2015 in Car Accident Lawyer

In the past, personal injury trials arising from car accidents involved a judge or jury trying to determine fault and responsibility by sifting through conflicting testimony from the drivers and any expert witnesses they hired to support their claims. On occasion, a witness to the accident, debris and skid marks, or other objective evidence was available to provide some support to one driver’s version of events or the other. But where objective evidence was nonexistent, a verdict depended mostly on which driver’s story seemed more credible.

Many cars are now equipped with EDR devices, or event data recorders. Some refer to these devices as “black boxes” for cars, as they take and record several different measurements in the moments before a crash. Specialists with the education and knowledge to read and interpret this data (sometimes referred to as reconstructionists) can then provide information regarding a car’s speed, movements, and activities – literally recreating the moments leading up to the crash. This data can provide much needed certainty and clarity regarding causation and any comparative fault in auto injury cases.

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Connecticut Supreme Court Decision Clarifies Underinsured Motorist Claims

 Posted on March 30, 2015 in Underinsured Motorist Claims

Although Connecticut law requires drivers to carry some minimum amount of car insurance, oftentimes those policies do not pay for the full cost of an individual's damages. Connecticut law only requires a motorist to carry $20,000 of coverage per injured person and $40,000 of per accident. In cases where the responsible driver’s insurance is not enough, drivers injured in a traffic accident have another option: they can file a claim against their own insurance carrier provider based on their underinsured motorist coverage, however, there are special doctrines surrounding those claims in Connecticut. The Connecticut Supreme Court recently clarified one of those doctrines in a case relating to a fatal traffic accident, Guarino v. Allstate Property and Casualty Insurance.

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