State v. Baltromitis

242 A.2d 99, 5 Conn. Cir. Ct. 72, 1967 Conn. Cir. LEXIS 215
CourtConnecticut Appellate Court
DecidedDecember 8, 1967
DocketFile No. MV 7-34895
StatusPublished
Cited by11 cases

This text of 242 A.2d 99 (State v. Baltromitis) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baltromitis, 242 A.2d 99, 5 Conn. Cir. Ct. 72, 1967 Conn. Cir. LEXIS 215 (Colo. Ct. App. 1967).

Opinion

Kosicki, J.

The defendant, after a trial to the court, was convicted of operating a motor vehicle on a public highway while his operator’s license and his right to operate were under suspension. General Statutes § 14-215. A nolle prosequi had been entered on a charge of operating an unregistered motor vehicle. General Statutes § 14-12. From the judgment of guilty he has appealed. It was admitted that on October 27, 1966, at 2:29 o’clock in the afternoon, the defendant was operating his motor vehicle on a highway known as Boulder Hill Road in Cheshire.

It was found by the court on sufficient evidence that on October 5,1965, a notice of suspension, effective October 7, 1965, for an indefinite period, was sent by certified mail to the defendant at 109 Turner Avenue, Oakville, Connecticut. This was the last known address of the defendant on file in the records of the motor vehicle department. The notice sent to the defendant was returned to the motor vehicle department on October 7, 1965, with the following notation marked on the envelope by the post office department: “moved, left no address, 10/6/65.” During that month, the defendant was living at the address mentioned above. On December 13, 1965, a provisional license1 was issued to the defendant, who then lived at 259 Walnut Street in Water bury. The expiration date stated thereon was November 30, 1966. On the back of this pro[74]*74visional license there was a change of address, dated May 6, 1966, to 900 Boulder Boad, Cheshire, and another change of address to 239 Orange Street, Waterbury. The defendant’s license and right to operate were reinstated on November 4, 1966.

Upon the foregoing findings of fact, the trial court concluded that the defendant was guilty beyond a reasonable doubt of having violated § 14-215; that the suspension period was effective from October 7, 1965, to November 4, 1966; and that the fact that the defendant in some unexplained manner had obtained, on December 13, 1965, a provisional license which would expire on November 30, 1966, did not affect his being under suspension on October 27, 1966, at the time of his arrest.

The defendant’s motion to correct the finding requests the addition of the following: (1) Prior to his arrest, the defendant had no actual knowledge that his license and operating privileges had been suspended as of October 7,1965, and he had received no information from the motor vehicle department to alert him to inquire about the suspended status of his license. (2) The defendant testified that the first time he had any knowledge of his suspension was subsequent to his arrest; the state’s witness testified that the records of the motor vehicle department showed that the notice of suspension sent to the defendant’s last known address was returned stamped by the postal authorities “moved, left no address”; and there was no evidence that the defendant had received any notice of suspension before his arrest.

The motion to correct was denied. In our opinion, the ruling of the court was not erroneous. We direct our attention initially to the second paragraph of the motion. The grounds stated therein are not in accordance with our practice. The facts [75]*75must be all the facts which the court finds proven so far as necessary to support the conclusions to be reviewed or claimed to be relevant and material to the questions of law raised. Practice Book §§ 619, 980. They are not recitals or summaries of testimony. For us to correct a finding, it must appear, on examination of the evidence, that relevant and material facts have been found without evidence, or that such facts were admitted or undisputed and have not been found, or that facts have been found in language of doubtful meaning. Practice Book § 985. It is for the trier to pass on the credibility of witnesses, and where the case presents controversial issues of fact these are solely for the trial court to decide. State v. Coulombe, 143 Conn. 604, 609.

But we do not rest our decision on that ground alone. Both numbered paragraphs of the motion to correct are fully covered or includible in the first paragraph. This raises the single issue whether a suspension of an operator’s license is effective only if the suspended operator had actual knowledge thereof or sufficient information from the commissioner of motor vehicles to put him on notice or inquiry as to the status of his license or operating privilege.

In his assignment of errors, the defendant claims that the court erred (1) in failing to correct the finding by adding thereto the facts stated in paragraph one of the motion, and (2) in reaching the conclusions stated in the finding when the subordinate facts do not support them.

A license to operate a motor vehicle is purely a personal privilege issued by the state on account of fitness. Dempsey v. Tynan, 143 Conn. 202, 207. Among the duties resting on a licensed operator is that of notifying the commissioner of motor vehicles of any change of address, within forty-eight hours [76]*76of any such change, which notification shall include the operator’s old and new addresses. General Statutes § 14-45. “Section 14-111 (a) confers on the commissioner of motor vehicles the authority to suspend or revoke an operator’s license or the right to operate for any cause he may deem sufficient, with or without hearing. He may also cancel such suspension or revocation upon application of the person whose right had been suspended, upon further investigation and hearing. § 14-111 (k). An appeal from the decision of the commissioner may be taken to the Superior Court, which, if it finds the issues in favor of the appellant, may order reinstatement of the right to operate. § 14-134. These provisions, providing for an ultimate judicial review, afford ample protection against arbitrary or uninformed action of the commissioner. Meany v. Connor ... [7 Conn. Sup. 165, 172]. Statutes, such as ours, not requiring a notice and hearing before suspension or revocation have generally been sustained against various constitutional objections. See Larsen v. Warren, 132 So. 2d 177 (Fla.); Thornhill v. Kirkman, 62 So. 2d 740 (Fla.); Spurbeck v. Statton, 252 Iowa 279; Hamsher Motor Vehicle Operator License Case, 196 Pa. Super. 336; notes, 10 A.L.R.2d 833, 842, § 6, 125 A.L.R. 1459, 1460.” State v. Barber, 24 Conn. Sup. 346, 350, 1 Conn. Cir. Ct. 584, 587.

The argument of the defendant, in brief, is that he was entitled to actual notice of suspension. There is no such requirement in our statutes. Section 14-111 (a) provides in part: “No service of process shall be necessary in connection with any of the prescribed activities of the commissioner, but a notice forwarded by registered or certified mail to the address of the person registered as owner or operator of any motor vehicle as shown by the records of the commissioner shall be sufficient notice [77]*77to such person that the certificate of registration or operator’s license is revoked or under suspension.” It is undisputed that the notice of suspension was so given by the commissioner.

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Bluebook (online)
242 A.2d 99, 5 Conn. Cir. Ct. 72, 1967 Conn. Cir. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baltromitis-connappct-1967.