Conn. Crim. Jury Instr. 8.3-3

Note: Section 14-215 (a) has two parts: driving when one’s license has been refused,

suspended or revoked, and driving a motor vehicle for which registration has been refused,

suspended or revoked. Section 14-215 (c) creates a separate offense for violating subsection

(a) by driving when one’s license has been suspended or revoked “on account of” a

violation of § 14-227a, § 53a-56b, § 53a-60d, or § 14-227b. The first two elements are the

same for both offenses. The third element applies only to a violation of § 14-215 (c).

See Commentary for discussion of other statutes that may be implicated when a person

operates a motor vehicle without a valid license.

The defendant is charged [in count__] with operating a motor vehicle while (the motor vehicle’s

registration / (his/her) operator’s license) has been (refused / suspended / revoked). The statute

defining this offense reads in pertinent part as follows: <insert as appropriate:>

• no person to whom an operator’s license has been refused, or whose operator’s license or

right to operate a motor vehicle in this state has been suspended or revoked, shall operate

any motor vehicle during the period of such refusal, suspension or revocation.

• no person shall operate or cause to be operated any motor vehicle, the registration of

which has been refused, suspended or revoked, or any motor vehicle, the right to operate

which has been suspended or revoked.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable

doubt the following elements:

Element 1 - Operated a motor vehicle

The first element is that the defendant (operated / caused to be operated)

2 a motor vehicle. A

“motor vehicle” means all vehicles used on a public highway and include automobiles.3 <Insert

as appropriate:>

• A person “operates” a motor vehicle within the meaning of the statute when, while in the

vehicle, such person intentionally does any act or makes use of any mechanical or

electrical agency that alone, or in sequence, will set in motion the motive power of the

vehicle. A person acts “intentionally” with respect to conduct when (his/her) conscious

objective is to engage in such conduct. <See Intent: General, Instruction 2.3-1.>

• The phrase “cause to be operated” has its ordinary meaning. It means that the

defendant’s conduct was a substantial factor in bringing about the operation of the

vehicle. <Insert specific allegations.>

Element 2 - Without license or registration

The second element is that such operation occurred during a period when <insert as

appropriate:>

• the defendant’s license was refused, or (his/her) right to operate motor vehicle in

Connecticut had been suspended or revoked.

• the registration for the motor vehicle had been refused, suspended or revoked, or the right

to operate such motor vehicle was suspended or revoked.

Refuse, suspend and revoke have their ordinary meaning.

The law requires that the commissioner of motor vehicle provide notice of the (suspension /

revocation) of the license. Notice is deemed to be sufficient if written notice of the (suspension /

revocation) was forwarded by the commissioner of motor vehicles via bulk certified mail

addressed to the person, whose right to operate was to be (suspended / revoked), at the last

known address of the person as shown by the records of the commissioner. The law does not

require that the state prove personal service of a notice of (suspension / revocation) or that the

person actually received the notice or that the commissioner received a return receipt. Rather,

compliance by the commissioner with the requirements of the law is all that is required to prove

that the defendant was notified of the (suspension / revocation).

[<Use only if defendant is charged under § 14-215 (c):>

Element 3 - Reason for suspension

The third element is that the defendant’s license was (suspended / revoked) on account of a

[second / third or subsequent] violation of (§ 14-227a / § 53a-56b / § 53a-60d / § 14-227b).

<Review evidence of prior conviction.>]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (operated /

caused to be operated) a motor vehicle, [and] 2) at the time <insert specific allegations in regard

to the license or registration> [and 3) the defendant’s license had been (suspended / revoked) on

account of a violation of <insert specific allegation>].

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of operating a motor vehicle while <insert specific violation alleged>, then you shall find the

defendant guilty. On the other hand, if you unanimously find that the state has failed to prove

beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.

1 See State v. Cook, 36 Conn. App. 710, 715 (1995).

2 The phrase “caused to be operated” applies only to the operation of a motor vehicle for which

the registration has been refused, suspended or revoked.

3 It also includes all-terrain vehicles. State v. Knybel, 281 Conn. 707 (2007) (applying the

definition if § 14-212 (5)).