§ 14-279b — Review of evidence file. Summons. Defenses.

Connecticut § 14-279b

• Jurisdiction: Connecticut
• Title 14: Motor Vehicles. Use of the Highway By Vehicles. Gasoline
• Ch. 248: Vehicle Highway Use

Text

(a) Whenever a violation of section 14-279 is detected and recorded by a live digital video school bus violation detection monitoring system operated pursuant to section 14-279a, a state or municipal police officer shall review the evidence file which shall include two or more digital photographs, recorded video or other recorded images. If, after such review, such officer determines that there are reasonable grounds to believe that a violation of section 14-279 has occurred, such officer shall authorize the issuance of a summons for such alleged violation. If such officer authorizes the issuance of a summons for such alleged violation, the law enforcement agency shall, not later than thirty days after the alleged violation, mail a summons to the registered owner of the motor vehicle together with a copy of two or more digital photographs, recorded video or other recorded images. (b) As provided in subsection (b) of section 14-107 , proof of the registration number of the motor vehicle therein concerned shall be prima facie evidence that the owner was the operator thereof, except that, in the case of a leased or rented motor vehicle, such proof shall be prima facie evidence that the lessee was the operator thereof. A photographic or digital still or video image produced by a live digital video school bus detection monitoring system operating pursuant to section 14-279a that clearly shows the number plate of a vehicle violating section 14-279 shall be sufficient proof of the identity of such vehicle for purposes of subsection (b) of section 14-107 . (c) Any person who is alleged to have committed a violation of section 14-279 and receives a summons pursuant to subsection (a) of this section shall follow the procedures set forth in section 51-164n . (d) A recorded image produced by a monitoring system operating pursuant to section 14-279a shall be sufficient evidence of a violation of section 14-279 and shall be admitted without further authentication. (e) All defenses shall be available to any person who is alleged to have committed a violation of section 14-279 that is detected and recorded by a monitoring system operating pursuant to section 14-279a , including, but not limited to, that (1) the violation was necessary to allow the passage of an emergency vehicle, (2) the violation was necessary to avoid injuring the person or property of another, (3) the violation was incurred while participating in a funeral procession, (4) the violation was incurred during a period of time in which the motor vehicle had been reported as being stolen to an organized local police department or the state police and had not been recovered prior to the time of the violation, (5) the operator was convicted of a violation of section 14-279 for the same incident based upon a separate and distinct summons issued by a sworn police officer, or (6) the violation was necessary in order for the operator to comply with any other general statute or regulation concerning the operation of a motor vehicle. (f) No recorded image produced by a monitoring system pursuant to this section may be introduced as evidence in any other civil or criminal proceedings. (g) A recorded image produced by a monitoring system operated pursuant to section 14-279a shall be destroyed the later of: (1) Ninety days after the date of the alleged violation if a summons is not issued for such alleged violation pursuant to subsection (a) of this section, or (2) upon final disposition of the case to which it pertains if a summons is issued for such alleged violation pursuant to subsection (a) of this section.

Legislative History

(P.A. 11-255, S. 3; P.A. 18-164, S. 20; P.A. 19-161, S. 6; P.A. 21-106, S. 42; P.A. 22-44, S. 21; P.A. 24-107, S. 3.) History: P.A. 11-255 effective July 1, 2011; P.A. 18-164 amended Subsec. (a) to make a technical change and amended Subsec. (b) to add provision re sufficient proof for purposes of Sec. 14-107(b), effective July 1, 2018; P.A. 19-161 amended Subsec. (b) to replace “identify” with “identity”, effective July 12, 2019; P.A. 21-106 amended Subsec. (a) to remove provisions re signed affidavit of person who witnessed violation live and replace 10 days with 30 days re period of time to mail summons after alleged violation; P.A. 22-44 amended Subsec. (b) to change “license plate number” to “number plate”; P.A. 24-107 added references to system operating pursuant to Sec. 14-279a in Subsecs. (a), (b), (d), (e) and (g) and made a technical change, effective July 1, 2024.