State v. Fontaine, 134 Conn. App. 224

Defendant Fontaine was stopped after 9 p.m. on Aug. 20, 2006, while operating a moped on Route 12 in Lisbon; troopers followed for about a mile and observed erratic driving and a defective tail light.
Upon stopping, he appeared disheveled, smelled of liquor, and was uncooperative with troopers; he refused to complete several field sobriety tests and a breathalyzer.
The state presented evidence that he operated the moped on a public roadway while under the influence of intoxicating liquor and that his license was suspended due to a prior DWI conviction.
A partial horizontal gaze nystagmus test was observed; the defendant made statements indicating consciousness of guilt about operating the moped.
The state charged him with operating a motor vehicle while under the influence of intoxicating liquor in violation of § 14-227a and with driving with a suspended license in violation of § 14-215(c); he was convicted by jury on the DWI charge and the suspended license charge.
The defendant appeals, challenging sufficiency of the evidence, admissibility of HGN-related testimony, and a jury instruction about elements of the offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the DWI evidence	Fontaine	Fontaine	Evidence supports conviction beyond reasonable doubt
Admissibility of HGN testimony	State	Fontaine	Testimony substantially met Balbi standards; not grounds for reversal
Jury instruction on element of public highway	State	Fontaine	Waived under Golding; no reversible error

State v. Arthurs, 121 Conn.App. 520 (2010) (sufficiency review standard for conviction)
State v. Morelli, 293 Conn. 147 (2009) (elements of DWI; proof beyond reasonable doubt)
State v. Balbi, 89 Conn.App. 567 (2005) (nystagmus testimony admissibility considerations)
State v. Popeleski, 291 Conn. 769 (2009) (definition and use of HGN observation)
State v. Kitchens, 299 Conn. 447 (2011) (waiver and review of challenged instructions)