State v. Sadowski
146 Conn. App. 693
Conn. App. Ct.2013Background
- Defendant Sadowski stopped by police for slow driving and crossing into the right lane on Jan 27, 2010.
- He was charged with operating a motor vehicle under the influence of intoxicating liquor under §14-227a(a)(1).
- A jury convicted him after trial; judgment followed with sentence including three years, suspended after two, two years probation, and a $2000 fine.
- The defense argued the evidence failed to prove impairment due to alcohol rather than diabetes.
- Evidence included observations of the officer (eyes, odor, bottle in car, difficulty locating documents) and a prestandardized field sobriety test showing impairment.
- Defendant refused to submit to a breath test; post-arrest hospital evaluation showed blood sugar level of 206 but testimony suggested this did not fully explain impairment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to convict under §14-227a(a)(1)? | Sadowski argues insufficiency. | Sadowski disputes impairment from alcohol; diabetes could explain symptoms. | Yes; evidence sufficient to prove intoxication beyond a reasonable doubt. |
| Could impairment be shown as due to alcohol rather than diabetes? | State contends impairment from liquor supported by officer observations and tests. | Sadowski contends diabetes could account for symptoms. | Court held the jury could reasonably credit liquor impairment over diabetes. |
| May the jury infer impairment from defendant’s refusal to perform tests? | State invokes permissive inference from test refusal under §14-227a(e). | Sadowski notes no direct proof of intoxication apart from test results. | Permissive inference permitted; not dispositive, but part of overall evidence. |
Key Cases Cited
- State v. Howell, 98 Conn. App. 369 (Conn. App. 2006) (standard for sufficiency and inference analysis in DUI)
- State v. Morelli, 293 Conn. 147 (Conn. 2009) (elements of DUI offense and reliance on cumulative evidence)
- State v. Gary, 273 Conn. 393 (Conn. 2005) (cumulative proof framework for related facts)
- State v. Fontaine, 134 Conn. App. 224 (Conn. App. 2012) (articulates deference to jury’s verdict on reasonable inferences)
- State v. Weed, 118 Conn. App. 654 (Conn. App. 2009) (permissive inference from refusal to submit to tests)