Motor Vehicle Administration v. Jones

CATHELL, J. This case arises out of an Administrative Law Judge’s decision, made on behalf of the Motor Vehicle Administration, ultimately resulting in the suspension of the Maryland driving privileges of Keith D. Jones, respondent, following a driving incident where respondent refused to submit to a chemical breath test. On October 12, 2002, respondent was forcibly stopped by officers following a police chase where respondent attempted to drive his car the wrong way on Interstate Route 95 toward the Fort McHenry Tunnel. Respondent, who failed field sobriety tests, was issued an Order of Suspension, pursuant to Md.Code (1977, 1999 Repl.Vol., 2003 Supp.), § 16-205.1 of the Transportation Article, 1 for refusing to take a chemical breath test to determine his amount of alcohol consumption. Respondent contested this suspension at an administrative show cause hearing conducted by an Administrative Law Judge (ALJ), to whom the Motor Vehicle Administration (hereinafter, the “Administration” or “Agency”), petitioner, had delegated final administrative decision-making authority ¹⁶⁷ in such cases, pursuant to § 16-205.1.

Following a hearing, the ALJ found that respondent had violated § 16-205.1 and respondent’s Maryland driving privileges were suspended by the Administration for 120 days. Respondent sought judicial review of the Agency’s decision in the Circuit Court for Anne Arundel County. The Circuit Court reversed the Agency’s decision and vacated the 120-day suspension of respondent’s driving privileges. The Administration then filed a Petition for Writ of Certio-rari to this Court and on October 9, 2003, this Court granted the petition.

Motor Vehicle Administration v. Jones, 377 Md. 275 , 833 A.2d 31 (2003). In its brief, the Administration presents one question for our review: “Did the circuit court err in reversing an administrative suspension decision upon its own finding of facts and requiring that the MVA prove a suspected drunk driver was asked to take a chemical breath test within two hours of his apprehension, where the implied consent statute Md.Code Ann., Transp. § 16 — 205.1(f) does not impose such a requirement?” We answer the Administration’s question in the affirmative and reverse the judgment of the Circuit Court for Anne Arundel County. We hold that the text of § 16 — 205.1(f)(7)(i) is clear and unambiguous and limits the issues to be considered by an ALJ in a suspension hearing to the six enumerated issues of § 16 — 205.1(f)(7)(i)(l—6). As the issue of whether an arresting officer must advise and request a chemical breath test from a suspected drunk driver within two hours of the driver’s apprehension is not listed within the § 16-205.1(f)(7)(i) factors, the ALJ did not have to consider that issue when determining the findings of fact and conclusions of law resulting in the suspension of respondent’s driving privileges by the Administration for refusal to take the chemical breath test.

I. Facts On October 12, 2002, Officer Blair of the Maryland Transportation Authority Police observed a Ford Explorer, driven ¹⁶⁸ by respondent, facing sideways across the northbound traffic lanes of Interstate 95 (1-95) at mile marker 56.2, near the Fort McHenry Tunnel. Officer Blair proceeded to pull his cruiser behind the vehicle and activated his lights and siren. Respondent made a U-turn from his position and proceeded to drive south in the northbound lane of Interstate Route 95 in the direction of the Fort McHenry toll booth plaza. He was pursued by the officer.

During the chase, respondent veered in front of several oncoming vehicles. At approximately 1:59 p.m., other officers, including Officer W.R. Morningstar of the Maryland Transportation Police, were called to assist in apprehending respondent. According to the Statement of Probable Cause 2 filed by Officer Morningstar, respondent finally stopped his vehicle after another officer, Officer Grimm, “stood in the roadway causing the Explorer to stop.” The Statement of Probable Cause further stated that, after respondent stopped his vehicle, Officer Morningstar “observed the operator [respondent] stepping out of the vehicle and attempting to walk to the rear of the vehicle. The operator kept his hand on the vehicle to steady himself and when he reached the rear, he sat down on the bumper because he was having problems standing on his own” (alteration added).

During the course of the stop, Officer Morningstar smelled the odor of alcohol on respondent’s breath and observed respondent’s poor coordination. He also noted that respondent performed poorly on, and thus failed, the sobriety field tests administered during the stop. The officers on the scene believed that respondent had been driving his vehicle while impaired or under the influence of alcohol due to respondent’s driving behavior, his poor performance on the field tests and the officers’ observations during the stop. ¹⁶⁹ Officer Morningstar then placed respondent in a patrol car and, according to the officer, respondent was read his DR-15 “Advice of Rights” form at that time. After being read his rights, respondent stated that he would refuse all chemical breath sobriety tests.

The Statement of Probable Cause indicated that respondent’s refusal of the test occurred shortly after he was placed in an officer’s patrol car, but it did not indicate the exact time of the refusal. 3 Respondent, however, did not actually sign the DR-15 advice form until 4:40 p.m., which acknowledged in writing his refusal to take the breath test. Pursuant to § 16-205.1 of the Transportation Article, Officer Morningstar issued respondent an Order of Suspension. Pursuant to his rights under § 16-205.1(b)(3)(v)(l), respondent requested an administrative “hearing to show cause why [respondent’s] driver’s license should not be suspended concerning the refusal to take the [chemical breath] test” (alterations added). On December 12, 2002, a hearing was conducted in front of an ALJ at the Office of Administrative Hearings.

The Administration presented several documents at the hearing which were admitted into evidence by the ALJ, including the DR-15A “Officer Certification and Order of Suspension,” the Statement of Probable Cause and the respondent-signed DR-15 “Advice of Rights” form acknowledging respondent’s refusal to take the chemical breath test. Respondent did not testify or offer any evidence during the hearing. Respondent, however, argued that he had not béen properly advised by Officer Morningstar of the ramifications of a refusal to take the chemical breath test. Respondent contended, and the Circuit Court found, that the incident occurred at 1:59 p.m. because that was the time Officer Morningstar listed on the Statement of Probable Cause as the ¹⁷⁰ time he was called to assist with the situation. 4 Respondent also asserted that over two hours had passed before he was advised about and asked to take the chemical breath test because 4:40 p.m. was the time recorded next to respondent’s and Officer Morningstar’s signatures on the.

DR-15 “Advice of Rights” form. As a result, respondent argued that he was not asked to take a chemical breath test, nor was he read his “Advice of Rights” form in a timely manner, i.e., within two hours of his apprehension. The ALJ found that respondent’s argument was only relevant in a criminal prosecution. The ALJ stated: “The case law cited by [respondent] pertains to criminal action.

This is an administrative proceeding. The two hour limitation on alcohol tests that you’ve cited in the Courts and Judicial Proceedings Article of the Maryland Code is not applicable in administrative hearings---- “The other point is that this individual made an election to refuse to take the test. I don’t think that a dismissal or a no action in this matter is appropriate or warranted. “... [T]his is an administrative proceeding not a criminal proceeding and the time frame is not something that is ¹⁷¹ looked at in administrative proceedings.” [Alterations added.] The AL J found that: “After considering the evidence ... presented in this case, I find by a preponderance of the evidence that the police officers who stopped and detained [respondent] had reasonable grounds to believe that [respondent] was driving or attempting to drive a motor vehicle while under the influence of or impaired by alcohol based on the fact that on October 12, 2002, the investigating ... police officer observed [respondent] driver make a U-turn on Interstate Route 95 and drive into oncoming traffic forcing other traffic to take evasive action to avoid collisions. [Respondent] stopped his vehicle only after a police officer stood in front of his vehicle. Police officers detected a strong odor of an alcoholic beverage on [respondent’s] breath. [Respondent] needed to hold onto the guardrail and his vehicle to maintain balance while out of the vehicle. [Respondent] performed poorly on or failed field sobriety exercises that were administered to him.

I also find that the police fully advised [respondent] driver of administrative sanctions to be imposed as evidence by a review of ... the [signed] DR-15 [form]. And that [respondent] driver refused to take a chemical test for intoxication. I conclude that [respondent] has violated Section 16-205.1 of the Transportation [Article].” [Alterations added.] The Agency then suspended respondent’s privilege to drive in Maryland for 120 days as provided for in § 16-205.1(b)(l)(i)(2)(A). Respondent sought judicial review of the Agency’s decision in the Circuit Court for Anne Arundel County and that court heard the case on July 14, 2003.

On July 16, 2003, the Circuit Court issued an Order reversing the decision of the Agency and vacating the 120-day suspension of respondent’s Maryland driving privileges. The Circuit Court held that the Administration: ¹⁷² “had the burden to prove that [respondent] was offered an alcohol concentration test within the two-hour statutory limitation and that [respondent] refused it. The requirement is clear and unambiguous, and it equally applies to all persons who are stopped for suspected driving while under the influence of alcohol and all police officers who arrest them. Since there was no evidence that [respondent] was offered the test within the two-hour statutory limitation, the [Circuit] Court will reverse and vacate the decision of the ALJ and the 120 day license suspension.” [Alterations added.] II.

Discussion Section 16-205.1 of the Transportation Article, commonly known as Maryland’s Implied Consent Law, provides the statutory structure for the suspension of a suspected drunk motorist’s driving privileges where that driver refuses to submit to a chemical breath test for intoxication. 5 Section 16-205.1(a)(2) states: “(2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.” Pursuant to § 16-205.1(b)(l) of the Transportation Article, an officer detaining a suspected drunk driver must advise the ¹⁷³ suspect of certain rights enumerated in that subsection and may not compel that suspect to take a chemical breath test. 6 Section § 16-205.1(b) further discusses the exact procedures an officer must follow if the officer has reasonable grounds to suspect the driver is under the influence of alcohol or drugs, including detaining the suspect, requesting a chemical breath and/or blood test and advising the suspect of administrative sanctions for refusal to take a requested test. If, as occurred in the case sub judice, the suspect refuses to take the chemical breath test after being properly advised, § 16-205.1(b)(3) directs the officer to confiscate the suspect’s driver’s license, serve an order of suspension, issue a temporary license and inform the suspect of the suspect’s right to a hearing and of the possible administrative sanctions. The procedure regarding such an administrative hearing is set forth by § 16 — 205.1(f). 7 The specific issues to be consid ¹⁷⁴ ered by an ALJ during the suspension hearing are enumerated by § 16-205.1(f)(7)(i), which states: “(7)(i) At a hearing under this section, the person has the rights described in § 12-206[ 8 ] of this article, but at the hearing the only issues shall be: 1. Whether the police officer who stops or detains a person had reasonable grounds to believe the person was driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title; 2.

Whether there was evidence of the use by the person of alcohol, any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; 3. Whether the police officer requested a test after the person was fully advised of the administrative sanctions that shall be imposed, including the fact that a person who refuses to take the test is ineligible for modification of a súspension or issuance of a restrictive license under subsection (n)(l) and (2) of this section; 4. Whether the person refused to take the test; ¹⁷⁵ 5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.08 or more at the time of testing; or 6.

If the hearing involves disqualification of a commercial driver’s license, whether