Anglin v. Joyner

26 S.E.2d 58, 181 Va. 660, 1943 Va. LEXIS 214
CourtSupreme Court of Virginia
DecidedJune 14, 1943
DocketRecord No. 2677
StatusPublished
Cited by12 cases

This text of 26 S.E.2d 58 (Anglin v. Joyner) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anglin v. Joyner, 26 S.E.2d 58, 181 Va. 660, 1943 Va. LEXIS 214 (Va. 1943).

Opinion

Campbell, C. J.,

delivered the opinion of the court.

The sole question involved in this appeal is the validity of the action of C. F. Joyner, Jr., Commissioner of the Division of Motor Vehicles of Virginia, in revoking the chauffeur’s license of the appellant, Joseph G. Anglin.

The facts are undisputed and are thus stated:

On August 8, 1941, appellant was convicted in the police court of the city of Danville, Virginia, on a charge of reckless driving. On February 14, 1942, he was again convicted upon a like charge, in the police court of the city of Norfolk, Virginia.

Pursuant to the provisions of an act of 1932 (Acts 1932, p. 775), as amended by act of 1934 (Michie’s Code 1942, section 2154(186), the commissioner, upon receipt of the notice of appellant’s convictions, as above stated, entered the order of revocation and notified appellant of the action so taken.

Thereupon, appellant, pursuant to section 2154(188) of the Code, filed his petition in the corporation court, praying an annulment of the order of revocation.

The appellee filed a demurrer to the petition, alleging that appellant’s license was revoked pursuant to the mandatory [663]*663provisions of section 17-a (5) of the Motor Vehicle Code of Virginia, (Michie’s Code 1942, sec. 2154 (174)^ par. f, Fifth), providing for such revocation upon “Conviction or forfeiture of bail upon two charges of reckless driving all within the preceding twelve months.”

The trial court sustained the demurrer and dismissed the petition.

The first contention of appellant is that section 17-a (5) of the Motor Vehicle Code is a penal statute, and since its language is ambiguous, it should be strictly construed in his favor.

The contention, that the statute is a penal statute is untenable.

In Hannabass v. Ryan, 164 Va. 519, 180 S. E. 416, Mr. Justice Gregory said:

“The enactment of. the Virginia Operators’ and Chauffeurs’ License Act by the Legislature was designed under the police power of the State to protect the use of the highways from those who are not qualified to operate motor vehicles, to exercise some measure of control over such operators and generally to regulate, standardize and make uniform, so far as practicable, the granting or withholding of this privilege in furtherance of the safety of the users of the highways of the State.”

In Commonwealth v. Ellett, 174 Va. 403, 4 S. E. (2d) 762, Mr. Justice Spratley in construing section 17-a, said:

“The right of a citizen to travel upon the public highways is a common right, but the exercise of that right may be regulated or controlled in the interest of public safety under the police power of the State. The operation of a motor vehicle on such highways is not a natural right. It is a conditional privilege, which may be suspended or revoked under the police power. The license or permit to so operate is not a contract or property right in a constitutional sense.
[664]*664“Within the limits prescribed by law, the trial court fixed the measure of punishment for each offense. The penalty of being deprived of the right to operate a motor vehicle is not a part of, nor within the limits of the punishment to be fixed by a court or jury. * * * *
“We are not dealing with the degree of gravity of the accused’s guilt upon either conviction, but with the effect of the two separate and distinct convictions upon his rights as a citizen.
^ ^ ^ W ^
“The loss of the right to operate a vehicle is no part of the judgment of conviction, or the punishment fixed by the court or jury, and no action or order of the court or other officer is required to put it into effect. It is not dependent upon evidence necessary to convict. Evidence of conviction alone is essential.”

In Prichard v. Battle, 178 Va. 455, 17 S. E. (2d) 393, we again were called upon to consider section 17-a (5), and Mr. Justice Eggleston, in holding that the revocation of a license to drive an automobile is not the imposition of a penalty, said:

“The universal holding is that such a revocation is not an added punishment, but is a finding that by reason of the commission of the act or the conviction of the licensee, the latter is no longer a fit person to hold 'and enjoy the privilege which the State had theretofore' granted to him under its police power. The authorities agree that the purpose of the revocation is to protect the public and not to punish the licensee.” (Citing Davis v. Commonwealth, 75 Va. 944, and a number of other cases.)

If any doubt existed that the revocation of a license to drive an automobile upon the highways of the Commonwealth was the denial of a mere privilege and not the imposition of a penalty, that doubt is removed by legislative enactment.

Section 2154 (187), Michie’s Code 1942, provides:

[665]*665“The division may after due hearing, upon not less than five days’ notice in writing, said notice to be sent by registered letter to the address given by the operator or chauffeur when applying for his license, which shall constitute sufficient form of notice, suspend or revoke the operator’s or chauffeur’s license issued to any person under the provisions of this act whenever it is satisfactorily proved to the division:
“First. That such person has committed any offense for the conviction of which mandatory revocation of license is provided in section 2154—(186).
# # # # # *
“Fourth. That such person is an habitual recldess or negligent driver of a motor vehicle or has committed a serious violation of the motor vehicle laws of this state.”

It is thus seen that under the provisions of this section the question of revocation of a license is stripped of every vestige of a criminal nature. This is evinced by the fact that no warrant charging a criminal offense is issued. No trial by .jury is had. No verdict of guilt is rendered. No penalty is imposed.

That it was never the intention of the Legislature to make the revocation of a chauffeur’s license a crime is further demonstrated by the fact that pursuant to the provisions of section 2154 (188) of the Code, the instant case reaches this court by appeal and not by writ of error—the only method by which relief from the imposition of a penalty is to be obtained.

The second contention of appellant is:

“The trial court erred in sustaining said demurrer in holding thereby that the words in the statute ‘upon two charges of recldess driving all within the preceding twelve months,’ referred to and are controlled by the dates of conviction and not by the dates of the commission of the offenses.”

In support of this contention it is argued that “the intent of the Legislature was to deal with the times the two [666]*666offenses prescribed by the statute were committed and not with the times of conviction therefor.”

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Bluebook (online)
26 S.E.2d 58, 181 Va. 660, 1943 Va. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anglin-v-joyner-va-1943.