Connecticut DUI Attorney - CT DMV Hearing - Connecticut Drunk Driving

Connecticut DMV Hearing and Appeal to Superior Court

TIMELINE
Per Se Matters with Commissioner of Motor Vehicles

1. Scheduling a Per Se Hearing

Initial hearing to determine license suspension is scheduled upon request of operator, & must be requested within 7 days of date of mailing of notice of suspension. (1)

With good cause, hearing officer or operator can request a continuance of up to 15 days. (2)

The attorney for operator can request in writing a 2d continuance if there is a conflicting court appearance. (3)

Further continuances can be granted upon written certification to Commissioner of facts surrounding need for continuance

2. After Hearing

If Commissioner fails to file a decision within 90 days of hearing, the operator can apply to Hartford Superior Court for an order requiring DMV to issue its final decision. (4)

Request for Reconsideration - file in writing within 15 days of notice of mailing of final decision (5) (note -- this does not change date of "final decision"!!!)

Important: The commissioner's decision is a final decision, which starts appeal clock running. (6)

3. Appeal to Superior Court

File petition within 45 days of mailing of final decision (7) (even if Request for Reconsideration has been filed & has not yet been acted upon)

Within 45 days after filing appeal, must file affidavit or sheriff's report regarding service of appeal

Plaintiff's brief: file 30 days after defendant's answer, or the return of record, whichever is later. (8)

Any motion for extension of time must be filed before time for filing brief expires and must include: (9)

1. reason(s) extension is needed
2. whether other parties object/do not object to extension
3. whether previous request(s) for extension have been filed, &, if so, the results of those requests
4. Appeal from Superior Court to Appellate Court

File initial appeal papers within 20 days of notice of judgment or decision. (10)

Time may be extended upon written request filed before time for filing appeal expires. (11)

Appellant brief due within 45 days of delivery date of ordered transcript (12) (If no transcript required, 45 days from filing of appeal

Appellee brief due within 30 days of appellant's brief. (13)

All motions for extension of time to file briefs must be in writing, filed before due date of brief, (14) and in accordance with Conn. R. App. Proc 66-1 and 66-2.

5. Appeal to Supreme Court by Certification for Review

File petition for certification within 20 days of notice Appellate Court order or decision. (15)

Basis for Certification, see Conn. R. App. Proc. § 84-2

Form of Petition, see Conn. R. App. Proc. § 84-5

Time may be extended upon written request filed before time for filing appeal expires. (16)

Appellant brief due within 45 days of issuance of notice of certification. (17)

Appellee brief due within 30 days of appellant's brief. (18)

All motions for extension of time to file briefs must be in writing, filed before due date of brief, (19) and in accordance with Conn. R. App. Proc 66-1 and 66-2.

For details on form, page limitation, copies, etc., please see relevant statute or regulation.