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Criminal Law Supreme Court Opinion

by Booth, George


SC20550 - State v. Schimanski (Whether Appellate Court properly upheld trial court's denial of defendant's motion to dismiss charge of operating motor vehicle with suspended license under General Statutes § 14-215 (c) (1); "The defendant, Anastasia Schimanski, appeals from the judgment of the Appellate Court upholding the trial court's denial of the defendant's motion to dismiss the charge of operating a motor vehicle while her license was under suspension in violation of General Statutes § 14-215 (c) (1). The defendant claims that the Appellate Court incorrectly determined that the forty-five day license suspension period imposed by General Statutes (Rev. to 2017) § 14-227b (i) (1) on persons who refuse to submit to a chemical analysis of their blood, breath, or urine, as required by § 14-227b (b), does not terminate upon the expiration of the forty-five days specified in the statute but, rather, continues indefinitely until such time as the persons subject to the suspension install an ignition interlock device (IID) on their vehicles. The defendant contends that, because the conduct underlying her conviction occurred after the expiration of the forty-five day suspension period authorized by § 14-227b (i) (1), the state could not lawfully charge her pursuant to § 14-215 (c) (1). We agree with the defendant and, accordingly, reverse in part the judgment of the Appellate Court.")