Domestic violence is a serious social issue that has received increased attention in recent years. According to the National Coalition Against Domestic Violence, more than 10 million people become victims of some form of domestic violence each year in the United States. Because of these harrowing statistics, an increased focus has been placed on prosecuting domestic violence offenders. While this is a valiant effort by lawmakers and law enforcement officials, those who face accusations of domestic violence can have a difficult time proving their innocence and dealing with the effects that these charges can have on their relationships, family life, and reputation. If you have been accused of domestic violence, there are a few things you should do to help your situation.

Connecticut Domestic Violence Laws

In Connecticut, domestic violence is referred to as “family violence.” Connecticut statutes define family violence as any act between family or household members that results in physical injury or creates reasonable fear that physical injury will occur. Family and household members can include:

• People who are related by blood
• People who are married or used to be married
• Roommates or former roommates
• People who are currently dating or used to date
• People who have a child in common

The state of Connecticut does not charge domestic violence as an offense separate from other criminal charges. Rather, a violent crime that is perpetrated against a family or household member can be denoted as a family violence offense. An alleged offender will be subject to the sentencing guidelines for the specific crime they are charged with, such as:

Technology is a common and often unavoidable presence in today’s world. Think about your own life; how often do you use your cell phone? What do you use your cell phone for? If you have ever used apps like Google Maps or Apple Maps to get from place to place, your location has been recorded. Even if you delete phone calls or text message conversations from your phone, the records of these conversations still exist. When it comes to criminal cases, technology has become a commonly-used source of evidence.

Cell Phones and Types of Evidence

Almost everything you do on your cell phone is recorded and stored. Information about any calls you make, any text messages you send, and any apps you use can all be accessed on your cell phone, even if you have attempted to delete those records. There are many different types of cell phone data that can be used in criminal cases, including:

• History from your internet browser
• Email messages (when they were sent, who they were sent to, and their content)
• Call records, such as who you called and when
• Text messages, what they contained, and who they were sent to
• GPS and cell tower information, which can be used to attempt to determine the location of the phone

Defendants Often Have Trouble Retrieving Evidence

The United States criminal justice system was founded on the belief that those accused of committing a crime have certain rights. For example, the prosecution has the burden of proof in criminal cases, and prosecutors are required by law to reveal all evidence that they have against the defendant. Though these protections exist, defendants and their attorneys are often still at a disadvantage.

In Connecticut and throughout the United States, it is illegal to operate a motor vehicle while intoxicated by alcohol, illegal drugs, or other substances that impair one’s ability to drive safely. An arrest and conviction for driving under the influence (DUI) can result in a variety of consequences, including fines, jail time, community service, participation in diversionary programs, and/or the requirement to use an alcohol interlock device in one’s vehicle. However, the penalties can become much more severe if a person was killed in a collision that occurred while you were driving under the influence. While this offense is commonly known as “vehicular homicide,” in Connecticut, it is referred to as “manslaughter with a motor vehicle.”

Second-Degree Manslaughter With a Motor Vehicle

According to Connecticut law, you can be charged with manslaughter in the second degree with a motor vehicle if you are operating a vehicle while you are under the influence of alcohol or drugs, and as a result, you cause the death of another person. Manslaughter charges involve a degree of recklessness or negligence. Basic second-degree manslaughter charges require you to have “recklessly caused the death of another person.” The same principle applies to manslaughter with a motor vehicle charges, but in these cases, the element of driving while intoxicated will also be considered.

Penalties for Second-Degree Manslaughter With a Motor Vehicle

Manslaughter in the second degree with a motor vehicle is a Class C felony. Under Connecticut law, Class C felony convictions can result in 1 to 10 years in prison, up to $10,000 in fines, or a combination of both. Because of the intoxication aspect of these charges, a conviction will also result in a mandatory one-year driver’s license suspension and the requirement that an ignition interlock device be installed on your vehicle for at least two years following the reinstatement of your driving privileges.

Many of the laws in the United States were written hundreds of years ago, when the most advanced forms of technology available were bifocal eyeglasses and steamboats. In today’s world, where everything is at your fingertips in the form of a handheld device, the application of these laws can become tricky. In recent years, people have argued that their Fourth Amendment rights have been overstepped at U.S. border checkpoints. Millions of people travel in and out of the United States on a daily basis, and they may be subject to electronic device searches, whether they are U.S. citizens or not. The question is, are these searches legal?

Civil Liberties Advocates Argue for More Privacy

In recent years, U.S. Customs and Border Patrol (CBP) agents have been searching more and more electronic devices at U.S. borders. In 2015, there were an estimated 8,500 searches conducted on electronic devices at the border. In 2018, there were 33,000 searches conducted, which is a three-fold increase. Many civil liberties advocates, most notably the American Civil Liberties Union (ACLU), have argued that these searches are often done for no apparent reason and violate the Fourth Amendment protections against unreasonable searches and seizures.

Federal Judge Rules in Favor of Privacy Advocates

In 2017, a lawsuit was filed against CBP by 11 people (10 of whom are U.S. citizens and one who is a lawful permanent resident) alleging that their electronic devices were taken by CBP, and their personal data was searched for no apparent reason. Recently, a federal judge in Boston ruled that CBP agents cannot take travelers’ electronic devices and conduct suspicionless searches. The U.S. has long asserted that it does not need to issue warrants to search devices at the border, but this judge has concluded that CBP agents must have reasonable suspicion and be able to point to specific facts to justify the search before a search is conducted.

Over a million Americans are arrested each year for alcohol-impaired driving. Though each state has its own procedures for performing DUI arrests and prosecutions, most arrests follow a similar process. First, a person is pulled over, and the officer may perform a variety of field sobriety tests. Then, the officer may ask a driver to blow into a portable device to get a preliminary reading of their breath-alcohol concentration, and the results of this test will be used to determine whether to make an arrest. Following an arrest, the driver will be transported to the police station, where he or she will be asked to submit to a “more accurate” breath test. However, recent investigations have found that these tests are often not so accurate after all.

Why We Should Question the Tests

The fates of many DUI cases are often sealed with the breath test. Portable breath tests, like the ones used on the roadside by police officers, are usually not admissible in court, but results from the machines that are used at the police station can be used as evidence. If the machine returns a breath-alcohol concentration of 0.08 or more, a person may face a conviction for DUI. Further, many people are pressured into submitting to these tests because penalties exist if testing is refused. In Connecticut, a person who refuses to submit to a chemical test faces a one-year driver’s license suspension with the requirement that an ignition interlock device be installed on any vehicle they drive during the suspension period.

Machines Are Often Found to Be Inaccurate But Are Used Anyways

In an investigation conducted by a small consulting company and reported by the New York Times, the Alcotest 9510 breathalyzer machine has been found to have many errors, even though it is still being used by many states’ police departments, including in Connecticut. The report written by the company stated that the machine was simple and only relied on two sensors that could detect the presence of alcohol. It also stated that the machine largely relied on proper calibration to produce reliable and accurate results and that a calculation error within the machine could round up some results.