Nothing Is Ever Simple

In an incredibly detailed and complex decision the Connecticut Appellate Court decided that the trial court acted properly in refusing to open a judgment in an eviction case.

Seems simple, right?

It isn't and wasn't.

In a primer on the status on the posture of appellate review AND the theories of agency, the court held that the trial court did not abuse its discretion in refusing to open a judgment. The case involved Yale University's lawsuit in which it sought to re-take possession (English: evict) the defendant from a "parcel abutting 266 College Street in New Haven."

For we lawyers that handle appeals, cases like this are valuable since they pile together a lot of complex law in one place. I save cases like this for easy access later. Having cases like this at your fingertips can be a real time saver later.

State Police Arrest 49 Over New Years Weekend

According to the Hartford Courant,, Connecticut State Police arrested 49 drivers for DWI over the holiday weekend. In addition, they issued 700 speeding citations. DWI is the same thing as DUI, OWI or OUI.

What does this mean for these 49 drivers?

Well, it depends. If this arrest was their first offense, there is a possibility that they could enter a program that wipes their criminal record clean. This does NOT affect the Department of Motor Vehicle's ability to suspend their license.

Depending on their blood alcohol content reading, that suspension will be either three or four months, depending on their blood alcohol content. If they refused a breath test, that suspension will be six months and they cannot get a work permit for three months. That means no driving at all, not even for work.

Of course, this all depends on the strength of the prosecutor's case. If it is weak, none of this may happen at all.

If any of these 49 people has been arrested before for DWI, their lives get considerably more complicated. If they used the alcohol education program within the last ten years, they will be left with a criminal record unless they can beat the case at trial.

If they have prior convictions for DWI, there is a possibility of jail time.

Worse, if there were any injuries to anyone as a result of this arrest, the problems get even worse.

Always remember that it is not enough to feel "okay" prior to driving after have drinks. Feeling "okay" is not the same as being over the legal limit. You can be in both places at the same time. The smartest thing to do is call for a ride.

But if you are arrested for a DWI, call a lawyer immediately. Your future may depend on it.