31 Conn. App. 797 | Conn. App. Ct. | 1993
The defendant appeals from the judgment of conviction, rendered following a plea of nolo con-tendere, of one count of operating a motor vehicle while his operator’s license was under suspension in violation of General Statutes § 14-215 (c). The defendant claims that (1) the trial court improperly concluded that his operator’s license was under suspension at the time of his arrest pursuant to the provisions of subsection (c) of General Statutes § 14-215, and (2) he was deprived of his due process rights because he lacked notice that the one year suspension period prescribed in General Statutes § 14-227a could be extended indefinitely. We
The following facts are pertinent to the resolution of this appeal. On March 28, 1989, the defendant was convicted of operating a motor vehicle while under the influence of alcohol in violation of General Statutes § 14-227a. As a result of the conviction, the defendant’s operator’s license was suspended on April 22,1989, for a period of one year. On August 5, 1989, the defendant’s operator’s license was concurrently suspended for six months because of his failure to submit to alcohol testing pursuant to General Statutes § 14-227b. The department of motor vehicles, pursuant to General Statutes § 14-112, imposed an administrative requirement that the defendant show proof of financial responsibility before his license could be restored.
On September 22,1991, the defendant was arrested and charged with operating a motor vehicle while his license was under suspension, allegedly in violation of General Statutes § 14-215 (c). Section 14-215 (c) provides for a substantial fine and a mandatory minimum thirty day jail sentence for individuals who operate a motor vehicle while their license is under suspension because of a violation of the operating a motor vehicle while intoxicated statutes. At the time of the defendant’s arrest, more than a year had passed since his suspension was imposed in April, 1989. The defendant, however, had not shown the department of motor vehicles proof of financial responsibility. Therefore, at the time of the defendant’s arrest, his license had not been restored, although the period of time of the suspension of his license had passed.
Prior to proceedings on the merits in the trial court, the defendant moved to dismiss the information charging him with violating § 14-215 (c) for the reasons he asserts on appeal. In a memorandum of decision, the trial court, after quoting General Statutes §§ 14-215 (c), 14-112, and 14-111 (a), stated: “Due to the above statutory provisions, the court finds that although the one year period of suspension had elapsed, restoration of the defendant’s driving privilege had not occurred and so the defendant was still subject to arrest for operating a motor vehicle while under suspension in violation of General Statutes § 14-215 (c). See State v. Verville, 16 Conn. Sup. 178 (1949); New Hampshire v. Callahan, 489 A.2d 130 (1985).” The motion was denied.
The state cites, as did the trial court in its memorandum of decision on the motion to dismiss, the Court of Common Pleas case of State v. Verville, supra, to support its proposition that a suspension imposed under § 14-227a continues until all requirements for restoration have been met. The present case can. be distinguished from Verville because of the penal effects of the statutes in question.
A guiding principle of our inquiry is that criminal statutes should be strictly construed in favor of the accused. State v. Whiteman, 204 Conn. 98, 101, 526 A.2d 869 (1987); State v. Edwards, 201 Conn. 125, 132, 513 A.2d 669 (1986). “It is a fundamental tenet of our law to resolve doubts in the enforcement of a penal code against the imposition of a harsher punishment.” State v. Rawls, 198 Conn. 111, 121, 502 A.2d 374 (1985). We must construe statutory language strictly to avoid imposing criminal liability where none is expressly intended by the legislature. State v. LoSacco, 12 Conn. App. 172, 177, 529 A.2d 1348 (1987).
The language providing for a one year suspension for a first violation of General Statutes § 14-227a is unambiguous. Subsection (h) of § 14-227a provides in pertinent part: “Any person who violates any provision of subsection (a) of this section shall: (1) For conviction of a first violation, (A) be fined not less than five hundred dollars nor more than one thousand dollars and (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended
Under General Statutes § 14-112,
Although the defendant in this case was not guilty of operating a motor vehicle while his license was under suspension pursuant to General Statutes § 14-227a, and therefore is not subject to the heightened penalty provided by General Statutes § 14-215 (c), he is subject to the penalties provided under General Statutes § 14-215 (b)
Since the defendant pleaded nolo contendere to the charge of violating § 14-215 (c), he could have been convicted of the lesser crime of violating § 14-215 (a), and subjected to the less severe penalties provided for by § 14-215 (b).
“It is axiomatic that this court is vested with the authority to remand a case for resentencing. See, e.g., State v. Hanson, 210 Conn. 519, 556 A.2d 1007 (1989); State v. Carpenter, 19 Conn. App. 48, 562 A.2d 35, cert.
The judgment is reversed and the case is remanded with direction to render judgment of guilty of violating General Statutes § 14-215 (a) and to resentence the defendant in accordance with General Statutes § 14-215 (b).
In this opinion the other judges concurred.
General Statutes § 14-112 provides in pertinent part: “To entitle any person to receive or retain a motor vehicle operator’s license or certificate of registration of any motor vehicle when, in the opinion of the commissioner, such person has violated . . . subsection (a) of section 14-227a . . . the commissioner shall require from such person proof of financial responsibility to satisfy any claim for damages by reason of personal injury to, or death of, any one person, of twenty thousand dollars, or by reason of personal injury to, of the death of, more than one person on account of any accident, of at least forty thousand dollars, and for damage to property of at least ten thousand dollars ... .If any person fails to furnish such proof, the commissioner shall, until such proof is furnished, suspend or revoke the license of such person to operate a motor vehicle or refuse to return any license which has been suspended or revoked in accordance with the provisions of section 14-111 . . . . Prior to such suspension, revocation or withdrawal, notice thereof shall be given by the commissioner by a notice forwarded by bulk certified mail to the address of such person as shown by the records of the commissioner. . . .”
General Statutes § 14-215 (b) provides: “Except as provided in subsection (c) of this section, any person who violates any provision of subsection (a) of this section shall be fined not less than one hundred fifty dollars nor more than two hundred dollars or imprisoned not more than ninety days or be both fined and imprisoned for the first offense, and for any subsequent offense shall be fined not less than two hundred dollars nor more than six hundred dollars or imprisoned not more than one year or be both fined and imprisoned.”