Posted on February 08, 2021 in Driving Under the Influence

In Connecticut, when a law enforcement officer pulls a driver over with reasonable suspicion of driving under the influence of alcohol (DUI), they will often ask the driver to take a chemical alcohol test such as a breathalyzer. If the driver’s blood alcohol content (BAC) is 0.08 or more (or 0.02 percent or more for an underage driver) he or she will be arrested and charged with DUI. If you or a loved one was recently arrested under these circumstances, you may wonder if it is possible that the breathalyzer results were inaccurate.

How Does a Breath Alcohol Test Work?

If you have ever been in a crowded bar, you have probably noticed that the smell of alcohol can linger on a person’s breath. Breath alcohol tests like breathalyzers test the amount of alcohol in a person’s breath and use this to determine the person’s blood alcohol content. The two types of breath alcohol testing devices used by police are preliminary alcohol screening devices and evidential breath test devices. A preliminary alcohol screening device or portable breath test is typically used during a traffic stop. These handheld devices are smaller and more convenient for roadside BAC testing than evidential breath test devices; however, they can also be less accurate than evidential breath test devices.

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 Posted on January 28, 2021 in Driving Under the Influence

As it is in every state, it is illegal to drive in Connecticut while impaired by alcohol. For adults, the standard often used to determine if a motorist is impaired according to the law is a blood alcohol concentration (BAC) of 0.08 or above. However, the same rules do not apply to drivers under 21 years of age. For underage drivers, it is unlawful to drive with a BAC greater than 0.02. Even just a single drink may elevate a young person’s BAC to a level that makes it illegal to drive. If your child has been arrested and charged with driving under the influence of alcohol (DUI), it is important to educate yourself about the consequences he or she faces as well as the rights of underage criminal defendants in Connecticut.

Criminal and Administrative Proceedings for Underage DUI in Connecticut

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 Posted on January 20, 2021 in Theft and Property Crimes

Although it is often trivialized by movies and video games, stealing a motor vehicle is a serious criminal offense. In Connecticut, “carjacking” or theft of an automobile is punishable by imprisonment, heavy fees, and other grave consequences. If you or a loved one has been accused of stealing a car, it is important to consult with an experienced criminal defense attorney right away. A skilled attorney will help you understand the charges laid against you and how best to fight them.

Carjacking and Auto Theft Laws in Connecticut

Carjacking is a colloquial term used to describe the theft of a vehicle. There is no law in Connecticut specifically addressing carjacking; rather, theft of a motor vehicle will fall under the laws prohibiting larceny or robbery depending on the circumstances of the alleged crime. Robbery refers to the forcible taking of property away from the rightful owner, while larceny describes theft that takes place without the property owner’s immediate knowledge. If you allegedly stole a vehicle directly from an individual through the use of force or the threat of force, the crime will likely be classified as a robbery. If the owner or driver was not present at the time of the alleged offense, the crime will likely be classified as larceny. A robbery or larceny conviction can have profound consequences on your life. You may face considerable jail time, steep fees, and other criminal consequences. Having a theft-related conviction on your record can also reduce your employment opportunities, prevent you from finding quality housing, or even impact child custody matters.

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 Posted on January 14, 2021 in Criminal Defense

Law enforcement is a vital part of a productive and peaceful society. However, many people have expressed concerns over the use of excessive force by police officers in recent years. Although the issue of police brutality has been a fiercely discussed topic for decades, events that have occurred in the past several years have made the issue more relevant than ever. In an effort to increase police accountability and prevent the misuse of police authority, Connecticut House Bill 6004 was passed in 2020. Many of the elements of the new law have already gone into effect; however, some provisions only went into effect as of January 1, 2021. If you or a loved one has been affected by police brutality or was accused of a crime, a criminal defense lawyer may be able to help.

Police Held to High Standards Regarding Equality and Use of Force

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 Posted on January 08, 2021 in Sex Crimes

Most experts agree that a person’s brain is not fully developed until about age 25. Because children’s brains are still developing and they have not had the life experience needed to make informed choices about sex, children cannot consent to sexual activities by law. However, the “age of consent,” or age at which a person is considered old enough to consent to sex, varies from state to state. The relationship between the child and the person with whom they have a sexual relationship also affects the legality of the relationship. If you or a loved one has been accused of having sexual relations with someone under the age of consent, you may be arrested and charged with a sex crime.

Sexual Activity With Someone Under the Age of Consent

The age of consent in Connecticut is 16. This means that anyone aged 15 or below is unable to consent to sex in the eyes of the law. Any sexual activity between an adult and someone under 16 may lead to criminal charges and potential jail time. However, there are exceptions to this law. If a child is over age 13 and he or she has a sexual relationship with someone less than four years older than him or her, this may not be considered a crime. For example, a 17-year-old who has a sexual relationship with a 15-year-old is not breaking the law unless there are other unlawful factors such as the use of force. This so-called “Romeo and Juliet” exception exists to protect teenagers from criminal prosecution for having consensual sexual relationships with other teenagers. There are also situations in which having sexual relations with someone over the age of consent may be in violation of Connecticut law. For example, if a person over age 20 in a position of authority such as a coach or teacher has sex with someone under 18, he or she may be charged with statutory rape.

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 Posted on December 28, 2020 in Driving Under the Influence

If you have recently been arrested and charged with driving under the influence, your mind may be racing with questions. You may wonder, “Will I lose my license?” or “Will I go to jail?” You may also worry about how a DUI conviction could affect your employment or educational opportunities. If you have been charged with DUI, the first thing you should do is educate yourself about your rights as a criminal defendant. One of the most important rights you have is the right to consult with a qualified attorney. Your attorney can help you build a strong defense against the charges, help you qualify for a diversion program, and represent your best interests through the proceedings.

Charges Do Not Mean Conviction

If you were charged with driving under the influence of alcohol, you may still have the opportunity to avoid conviction. If the arresting officers did not have probable cause to conduct a traffic stop, the breathalyzer or other blood alcohol content (BAC) tests were inaccurate, or there were other problems with the DUI arrest, you may avoid conviction. You may also be able to participate in a pretrial diversion program. Typically, these programs require participants to participate in drug or alcohol treatment or counseling of some kind. If you complete the program, you could have your charges dismissed entirely.

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 Posted on December 18, 2020 in Criminal Defense

If you or a loved one was arrested and charged with a criminal offense, you may be unsure of what will happen next. Will you or your loved one be sentenced to jail? Will a conviction prevent you or your loved one from working, going to school, or finding suitable housing? Fortunately, many criminal defendants qualify for a pretrial diversion program. These programs can help a defendant avoid jail time and a permanent criminal record.

Focusing on Rehabilitation, Not Punishment

Connecticut courts recognize that many individuals charged and convicted of crimes are good people who made a mistake. If you were charged with a criminal offense but the offense was not a particularly violent crime or a sex crime, you may be able to participate in a program designed to “rehabilitate” you and prevent you from reoffending. Often, these programs involve mental health treatment, substance abuse counseling, educational classes, vocational training, community service, drug testing, and meeting with a probation officer. If you are able to participate in and complete a diversion program, your criminal record may be expunged.

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 Posted on December 11, 2020 in Juvenile Crimes

Teenagers sometimes make impulsive decisions that land them in legal trouble. If your son or daughter has been charged with a criminal offense, you may be very concerned about the consequences he or she will face. Minors are typically tried in juvenile court. Unlike adult court, juvenile courtrooms are closed to the public and juvenile records are sealed. In most cases, a juvenile offender may eventually petition to have his or her criminal record erased. Incarceration sentences are also typically shorter for juveniles than they are for adults, and juveniles are held in a juvenile detention center instead of an adult correctional facility. However, there are many cases in which a juvenile may be tried as an adult and subject to adult consequences.

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 Posted on December 04, 2020 in Criminal Defense

If you or a loved one is facing criminal charges for theft, DUI, drug possession, assault, or any other offense, you may be lost and unsure of what to do. A criminal defense lawyer can provide the legal support and guidance you need during this confusing and overwhelming experience. Regardless of the type or severity of the crime you have been accused of, you have a constitutional right to legal assistance and representation from an attorney. If you are like many people, you may understand your right to an attorney, but do not know exactly how a criminal defense lawyer can help you. Read on to learn about the many ways in which a lawyer can assist you during a criminal proceeding.

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 Posted on November 24, 2020 in Driving Under the Influence

It is against the law in Connecticut to drive with a blood alcohol content (BAC) of 0.08 or more, and doing so can result in criminal charges of driving under the influence (DUI). First-time DUI offenders in Connecticut may be penalized by up to six months in jail and $1,000 in fines, along with the suspension of their driver’s license and the required installation of an ignition interlock device if they wish to regain driving privileges. If you have already been convicted of DUI within the past ten years and you have been charged with drunk driving for the second time, you may face even harsher penalties.

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