McCoy v. Commissioner of Public Safety
12 A.3d 948
| Conn. | 2011Background
- McCoy was convicted of driving while intoxicated for the second time within ten years on May 7, 2004.
- The defendant designated McCoy as a convicted felon on his criminal history record under §14-227a(g)(2).
- McCoy petitioned to repeal the designation and sought a new history record; the action also challenged agency rulemaking under the Uniform Administrative Procedure Act.
- The trial court ruled the designation was not a rulemaking but held a second §14-227a conviction within ten years could not be deemed a felony because it fell within the motor vehicle violation exception to §53a-24(a).
- The trial court granted declaratory relief invalidating the felon designation and enjoining future designations based on a second §14-227a conviction; the defendant appealed.
- The Connecticut Supreme Court reversed, holding that a second §14-227a breach within ten years is a felony, not a motor vehicle violation, and remanded with direction to render judgment for the defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a second §14-227a conviction within ten years a felony or motor vehicle violation? | McCoy contends it is a motor vehicle violation; thus not a felony. | McCoy's second offense falls outside the motor vehicle violation exception and is a felony. | Second offense is a felony; reversal of trial court. |
Key Cases Cited
- State v. Guckian, 226 Conn. 191, 627 A.2d 407 (1993) (motor vehicle violation may be a crime for certain purposes; broader statutory context considered)
- State v. Kluttz, 9 Conn.App. 686, 521 A.2d 178 (1987) (negligent homicide with a motor vehicle treated as a motor vehicle violation, influencing later §53a-24 interpretations)
- State v. Harrison, 228 Conn. 758, 638 A.2d 601 (1994) (recognizes broader application of motor vehicle violation concept across statutes)
- State v. Dukes, 209 Conn. 98, 547 A.2d 10 (1988) (noted for relation between motor vehicle violations and applicable standards; precedent cited)
- State v. Anonymous (1980-5), 36 Conn. Supp. 527, 416 A.2d 168 (1980) (early interpretation of §53a-24; cited in context of motor vehicle violation vs offense)
- State v. Brown, 22 Conn.App. 108, 575 A.2d 699 (1990) (Appellate decision treating §14-227a as motor vehicle violation for certain purposes)
- State v. Trahan, 45 Conn.App. 722, 697 A.2d 1153 (1997) (Appellate decision relying on Kluttz framework regarding motor vehicle violation)