HARTFORD, Conn. (AP) – The state appeals court has thrown out the conviction of an Andover man charged with driving under the influence after he started his car with a remote device but didn’t drive it.
In a decision released Wednesday, the justices unanimously reversed the conviction of Michael Cyr, who had entered a conditional no contest plea, meaning he could challenge the conviction later. The Appellate Court ordered a judgment of not guilty.
Cyr was arrested in Manchester on Feb. 28, 2005, on a charge of driving under the influence. He and prosecutors said he started his car with a remote device from outside the vehicle and sat in the car with the motor running.
Cyr did not put the key in the ignition, the Appellate Court said.
Prosecutors tried to equate the use of a remote starter with inserting keys in the ignition as “the first act that alone or in sequence would put the vehicle in motion,” the decision said.
But the state did not allege or produce evidence that Cyr had the keys on him in the vehicle or that the vehicle would have been able to move without the keys, the justices said.
The Appellate Court decision helps establish legal rules in Connecticut for the remote starting of a car, said Steven Tomeo, Cyr’s lawyer.
“Even if you start that car with the ignition and go in the car with the ignition device and close the doors, you can’t move that car,” he said.
“There’s a procedure you still have to go through, put the seat belts on, turn the ignition on and then hit brake to disengage. Then and only then can you begin the operation of the car.”
A spokesman at the state attorney’s office said Wednesday that prosecutors have not decided whether to appeal the decision to the state Supreme Court.
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