Bouchard v. Commissioner of Motor Vehicles

Summary

The Connecticut Appellate Court affirmed the dismissal of Lisette Bouchard’s administrative appeal from the suspension of her motor vehicle operator’s license. The court held that her claim concerning the untimely transmittal of an A-44 form under General Statutes § 14-227b (c) was unpreserved and, alternatively, that the record was inadequate to review the claim because the hearing officer made no findings on the transmittal issue.

Holdings

1. The plaintiff failed to preserve the claim because she did not distinctly raise the statutory transmittal issue before the administrative hearing officer.
2. Even if the plaintiff had preserved the claim, the record was inadequate to review it because the hearing officer made no findings concerning whether or when the A-44 form was transmitted.
3. The Appellate Court could affirm the Superior Court's correct disposition on the alternative ground that the plaintiff's transmittal claim was unpreserved.

Questions Presented

1. Whether the plaintiff could obtain appellate review of her claim that the A-44 form was inadmissible because the arresting officer allegedly failed to transmit it to the Department of Motor Vehicles within three business days as required by General Statutes § 14-227b (c).
2. Whether the claim could be reviewed despite preservation, given that the hearing officer made no factual findings concerning when or how the A-44 form was transmitted.

Disposition

affirmed