Do v. Commissioner of Motor Vehicles, 330 Conn. 651

Background

On April 24, 2014, Trooper Troy Biggs stopped a vehicle for erratic driving, arrested Angel Huang Do for DUI, and obtained two breath tests showing BACs of .1184 and .1186.
Biggs prepared an exhibit submitted under Conn. Gen. Stat. § 14-227b(c): an A-44 form, a four‑page investigation report, and breath test results; each page was electronically sworn by Biggs and transmitted within three business days.
At the administrative license‑suspension hearing the plaintiff objected to admission of the exhibit due to internal inconsistencies (vehicle make/year/plate, date, witness name, and an apparent discrepancy about glasses/contacts); the hearing officer admitted the exhibit, treating errors as weight issues.
The hearing officer found probable cause, that Do was arrested, submitted to tests with elevated BAC, and was operating the vehicle; the commissioner suspended her license for 90 days.
The Superior Court upheld admissibility but remanded for articulation on which vehicle was driven; the Appellate Court reversed, finding the exhibit so unreliable its admission violated fundamental fairness and ordering the administrative appeal sustained.
The Connecticut Supreme Court granted certification and reversed the Appellate Court, holding the report met statutory admissibility criteria and any inconsistencies went to weight, not admissibility; no remand was required.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of the A-44/investigation report under § 14-227b(c)	Do: Internal discrepancies render the exhibit unreliable and inadmissible despite formal compliance.	Commissioner: Report complied with § 14-227b(c); inconsistencies are scrivener errors affecting weight only.	The Court held the report met statutory admissibility requirements; admission was not an abuse of discretion.
Whether errors/conflicting entries require exclusion on fundamental fairness grounds	Do: Multiple and significant internal conflicts (vehicle, date, witness, test details) make the exhibit untrustworthy.	Commissioner: Administrative hearings admit hearsay if reliable; internal conflicts go to credibility/weight for the hearing officer.	The Court rejected exclusion for those reasons and affirmed the hearing officer’s discretion to weigh inconsistencies.
Burden to bolster reliability when exhibit is objected to	Do: Once reliability is challenged, Dept. must produce additional evidence or testimony to support the exhibit.	Commissioner: No statutory requirement to produce the arresting officer if report complies; plaintiff could subpoena witnesses but did not.	The Court held no affirmative obligation on the department beyond statutory compliance; plaintiff had opportunity to subpoena and did not.
Need for remand to resolve factual vehicle discrepancy	Do: Appellate Court remanded because record ambiguity left no substantial evidence on which to rely.	Commissioner: Investigation report alone supplies substantial evidence; remand unnecessary.	The Court held investigation report provided substantial evidence that Do was operating the vehicle; remand was not required.

Key Cases Cited

Murphy v. Commissioner of Motor Vehicles, 254 Conn. 333 (discussing limited scope of judicial review and substantial‑evidence standard)
Volck v. Muzio, 204 Conn. 507 (police report that satisfies § 14-227b(c) provides sufficient indicia of reliability to be admitted without arresting officer)
Schallenkamp v. DelPonte, 229 Conn. 31 (administrative hearing officer decides reliability and weight of evidence)
Fishbein v. Kozlowski, 252 Conn. 38 (license‑suspension hearings limited to four statutory issues; procedural protections narrower than criminal cases)
Carlson v. Kozlowski, 172 Conn. 263 (discusses reliability test for hearsay in administrative hearings and opportunity to subpoena declarants)
Richardson v. Perales, 402 U.S. 389 (federal standard for reliability of hearsay medical reports in administrative hearings)
State v. Hickam, 235 Conn. 614 (legislative purpose of § 14-227b: public safety and expedited suspensions)