SC20703 - Marshall v. Commissioner of Motor Vehicles (Administrative appeal, Driving Under the Influence; "Turning now to the present case, we note that the
arresting officer did not complete the report until he
signed and dated it five business days after the plaintiff’s
arrest. It is undisputed that the arresting officer failed
to comply with the three business day preparation and
mailing requirement of § 14-227b (c). The plaintiff’s
attorney objected to the admission of the report on
that ground. The hearing officer simply overruled the
objection and admitted the report without hearing testimony from the arresting officer. Because the report
failed to satisfy the preparation and mailing requirement, we conclude that the hearing officer abused her
discretion by admitting the noncompliant report without the testimony of the arresting officer.")