State of Connecticut v. Thomas Connerton (2009)

MEMORANDUM OF DECISION RE MOTION TO DISMISS

On June 27, 2009 the defendant, Thomas Connerton, was arrested by an officer of the Madison Police Department and charged with Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, in violation of Section 14-227a of the Connecticut General Statutes.   Counsel for the defendant has filed a Motion to Dismiss a Part B information alleging that the defendant has a prior conviction for a similar offense and is therefore subject to the enhanced penalties provided for in Section 14-227a(g) of the Connecticut General Statutes.   Counsel for the State and for the defendant have submitted written memoranda, but have not presented evidence, nor made oral argument.

A Motion to Dismiss tests whether, on the record, the court is without jurisdiction.  State v. Haight, 279 Conn. 546, 550 (2006).   A review of the record in this case reveals that a Part B information has not been filed.   While both parties may assume that such an information will be filed, the court cannot enter a ruling based on such assumptions.

The Motion to Dismiss is denied, without prejudice.

BY THE COURT

Arthur C. Hadden

Judge

Hadden, Arthur C., J.