Tarascio v. Muzio

515 A.2d 1082, 40 Conn. Super. Ct. 505, 40 Conn. Supp. 505, 1986 Conn. Super. LEXIS 39
CourtConnecticut Superior Court
DecidedSeptember 12, 1986
DocketFile 0302206
StatusPublished
Cited by28 cases

This text of 515 A.2d 1082 (Tarascio v. Muzio) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tarascio v. Muzio, 515 A.2d 1082, 40 Conn. Super. Ct. 505, 40 Conn. Supp. 505, 1986 Conn. Super. LEXIS 39 (Colo. Ct. App. 1986).

Opinion

Vasington, J.

This is an appeal, pursuant to the provisions of General Statutes § 4-183, from a decision of the commissioner of motor vehicles suspending the motor vehicle operator’s license of the plaintiff Danny P. Tarascio for a period of six months. The commissioner’s action was based upon findings and conclusions of a motor vehicle department adjudicator after a hearing held in October, 1984, pursuant to § 14-4a of the General Statutes.

The suspension resulted from the alleged refusal of Tarascio to consent to any chemical test, required by General Statutes § 14-227b, at the time of his arrest for operating a motor vehicle while under the influence of liquor or drugs.

Tarascio claims that the actions of the commissioner were arbitrary, unreasonable and contrary to law in that (1) the record does not support a finding that he refused to submit to any chemical tests, (2) that he was not warned adequately of the consequences of a refusal to take any chemical tests, and (3) that the findings of *507 the adjudicator were in contradiction to other findings of impartial adjudicators based on identical facts.

The facts pertinent to a determination of this appeal are as follows. In February, 1984, Tarascio, after failing a field sobriety test, was arrested for driving under the influence of intoxicating liquor, a violation of General Statutes § 14-227a. At the Manchester police department, pursuant to General Statutes § 14-227b, Tarascio was requested to undergo a chemical breath test. He agreed but began to bleed and swallow blood from his right nostril before the test could be conducted. For that reason the test was not administered. The bleeding became worse and Tarascio was taken to Manchester Memorial Hospital for treatment. At the hospital, Officer Turner advised Tarascio that a blood test would be administered instead of the breath test. While he was at the hospital, Tarascio’s left nostril began to bleed. After treatment for the bleeding, Tarascio was returned to the Manchester police station, where, it is claimed, he refused to submit to any chemical tests.

Turner then told Tarascio to sign a form acknowledging his refusal to take the tests. Although this form is not part of the record, Tarascio contended that he signed it out of fear that he would not be released unless he signed it. He maintains, however, that he did not refuse to submit to any chemical tests. Pursuant to General Statutes § 14-227b (c), Tarascio’s license was revoked for twenty-four hours.

Judicial review of the commissioner’s action is governed by the Uniform Administrative Procedure Act; General Statutes §§ 4-166 through 4-189. Buckley v. Muzio, 200 Conn. 1, 3, 509 A.2d 489 (1986). Tarascio is an aggrieved person within the meaning of General Statutes § 4-183 (a) in that a specific, personal and legal interest, his license to drive, has been adversely affected. Bakelaar v. West Haven, 193 Conn. 59, 65, *508 475 A.2d 283 (1984). Therefore, Tarascio’s appeal is properly before this court.

General Statutes § 14-227b provides that a refusal to submit to a blood, breath or urine test warrants suspension of the arrested person’s driver’s license, and grants an automatic hearing before the commissioner of motor vehicles. The statutorily prescribed hearing is limited to resolution of the following issues: “(1) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug or both or while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor; (2) was such person placed under arrest; (3) did such person refuse to submit to such test or analysis; and (4) was such person operating the motor vehicle. ...” General Statutes § 14-227b (d); Buckley v. Muzio, supra, 6. All four questions were answered in the affirmative by the hearing officer.

As previously stated, Tarascio’s appeal addresses question three, namely, whether he refused to submit to a blood, breath or urine test. He claims that the testimony elicited at the agency hearing fails to support a factual finding of refusal to submit to chemical tests.

The scope of judicial review is very restricted. General Statutes § 4-183g; Buckley v. Muzio, supra. “The court shall not substitute its judgment for that of the agency . . . .” Id. The hearing officer’s function is to evaluate the credibility of witnesses and the weight to be given the evidence. Lawrence v. Kozlowski, 171 Conn. 705, 708, 372 A.2d 110 (1976). The court must not disturb the factual findings of the agency if they are supported by the record, even though the court would have come to a different conclusion. Hospital of St. Raphael v. Commission on Hospitals & Health Care, 182 Conn. 314, 318, 438 A.2d 103 (1980).

*509 At the hearing, Turner and Tarascio testified, and were both subjected to cross-examination. Tarascio’s testimony conflicts with Turner relative to whether Tarascio’s nosebleeds were self-induced or spontaneous; whether Tarascio was asked to submit to a blood test and, if so, in whose presence the request was made; whether Turner advised Tarascio that his license would be suspended for six months for refusing to take the test. There is nothing in the record to suggest that the hearing officer’s conclusions were unreasonable. Therefore, the appeal cannot be sustained on the ground addressed to the hearing officer’s factual findings.

Tarascio contends that even if he refused to submit to the tests, his refusal was invalidated by Turner’s failure to apprise him of all the consequences of refusal, as required by General Statutes § 14-227b (b). Under General Statutes § 14-227b (a), anyone who operates a motor vehicle in Connecticut is deemed to have given his consent to a blood, breath or urine test. General Statutes § 14-227b (b) establishes the consequences of a refusal and the arresting officer’s duty to inform the arrested motorist. The statute provides, inter alia: “(b) If any such person, having been placed under arrest for operating a motor vehicle while under the influence of intoxicating liquor or any drug or both . . . and thereafter, after being apprised of his constitutional rights, having been requested to submit to a blood, breath or urine test at the option of the police officer and having been informed that his license or nonresident operating privilege will be suspended in accordance with the provisions of subsection (d), (e) or (f) of this section if he refuses to submit to such test and that evidence of such refusal shall be admissible in accordance with subsection (ft of section lff227a and may be used against him in any criminal prosecution, refuses to submit to the designated test, the test shall not be given . . . .” (Emphasis added.)

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Bluebook (online)
515 A.2d 1082, 40 Conn. Super. Ct. 505, 40 Conn. Supp. 505, 1986 Conn. Super. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarascio-v-muzio-connsuperct-1986.