Connecticut Supreme Court Strengthens Due Process Protections in License Suspension Hearings
In a significant victory for due process rights, the Connecticut Supreme Court has issued a ruling in Marshall v. Commissioner of Motor Vehicles (2024) that establishes important procedural safeguards for drivers facing license suspension.
The Case at a Glance
The Connecticut Supreme Court ruled that if a law enforcement officer fails to submit a DUI incident report to the Department of Motor Vehicles within the statutorily required three-day timeframe, that report cannot be admitted in a DMV hearing unless the officer appears in person to testify.
This decision addresses a common practice in administrative license suspension hearings, where written reports often serve as the primary (and sometimes only) evidence against drivers.
Why This Matters to Your Defense
This ruling has far-reaching implications for anyone facing a license suspension in Connecticut:
Enforcing Procedural Timelines: The court is sending a clear message that statutory deadlines are not mere suggestions—they are requirements that must be followed.
Strengthening Cross-Examination Rights: When reports are submitted late, defendants now have the right to cross-examine the officer, rather than having their license suspended based solely on written documentation.
Creating New Defense Strategies: This ruling provides defense attorneys with a powerful new tool to challenge license suspensions when proper procedures aren't followed.
The Broader Context
This decision comes at a time when courts across the country are increasingly recognizing the serious consequences of license suspensions on individuals' lives and livelihoods. While administrative hearings have traditionally operated with more relaxed standards than criminal proceedings, this ruling acknowledges that fundamental fairness still requires certain procedural protections.
The Connecticut Supreme Court has essentially recognized that the right to confront one's accuser extends, in certain circumstances, even to administrative proceedings. This represents a significant shift in how we think about due process in the context of license suspensions.
Practical Takeaways
If you're facing a potential license suspension in Connecticut:
Request documentation showing when the incident report was filed with the DMV
Object to the admission of any report not filed within the three-day window
Demand the officer's presence for cross-examination if the report was filed late
Consider challenging previous suspensions if they were based on untimely reports
Looking Forward
This ruling may have ripple effects beyond Connecticut. As courts in other jurisdictions consider similar procedural issues, Marshall could serve as persuasive precedent for strengthening due process protections nationwide.
The decision also highlights the importance of having knowledgeable legal representation for DMV hearings, not just for criminal court proceedings. What might seem like a minor procedural issue can make the difference between keeping and losing your driving privileges.
If you're facing a DUI charge or license suspension in Connecticut, contact our office for a consultation. We stay current on the latest legal developments to provide you with the strongest possible defense.
