Benedix v. Secretary of State

603 A.2d 473, 1992 Me. LEXIS 30
Supreme Judicial Court of Maine·Decided February 21, 1992·Published·Cited by 5 cases

Opinion

McKUSICK, Chief Justice.

On this appeal we are required to define the statutory responsibility of the Secretary of State to suspend the driver’s license of a person convicted of operating under the influence of intoxicating liquor (OUI). The Superior Court (Oxford County, Browne, A.R.J.), in sentencing plaintiff Robert Benedix for OUI, suspended his license for only 90 days on the assumption that he was a first-time offender. The records of the Secretary of State, however, at all relevant times have shown the undisputed fact that Benedix had a previous OUI conviction within a 6-year period. On receipt of an attested copy of the court record of the 90-day suspension of Bene-dix’s license, the Secretary of State, acting pursuant to 29 M.R.S.A. § 1312-D(1) (Pamph.1991), 1 increased the suspension pe *474 riod to the one year that is mandated for second-time OUI offenders by 29 M.R.S.A. § 1312-B(2)(C) (Supp.1991). 2 In the present action brought by Benedix pursuant to M.R.Civ.P. 80C, the Superior Court (Fritzsche, J.) affirmed the Secretary of State’s imposition of the one-year suspension. On Benedix’s appeal, we also affirm.

Benedix’s sole contention is that the phrase, “If the court fails to suspend the license,” in section 1312-D(1) authorizes the Secretary of State to suspend a defendant’s license only when the sentencing court imposes no license suspension. We do not agree. Unlike the mandatory minimum sentences statutorily provided for the various levels of OUI violations, the periods of license suspension prescribed in section 1312-B are not “mandatory minimum[s], but rather a[re] nondiscretionary period[s] of suspension that must be imposed.” State v. Keith, 595 A.2d 1019, 1021 (Me.1991). To allow an administrative correction where the court failed to impose any suspension at all but not where it failed to suspend the license for the full statutorily mandated period would run counter to the legislative purpose to ensure that the nondiscretionary periods of suspension are in fact imposed. The Secretary of State construes section 1312-D(1) to impose no limit on his power to see to it that the suspension that is statutorily mandated on the facts established in the records of his office is in fact imposed. We agree with that construction.

Nothing in State v. Keith, 595 A.2d 1019, which was decided the week after the Superior Court affirmed the Secretary’s suspension, can be read to limit the independent suspension power given the Secretary by section 1312-D(1). In Keith we held that due process considerations 3 prohibit a trial court from imposing a one-year driver’s license suspension pursuant to section 1312-B(2)(C) unless the State pleads and proves in the court case that the person convicted of violating section 1312-B has had a prior conviction of the same offense within a 6-year period. Admittedly Keith would prevent the Secretary’s one-year suspension of Benedix’s license if section 1312-D(1) were read to empower the Secretary to enter only such suspension as the court, on the basis of what was pleaded and proved before it, could have entered. We, however, do not so read section 1312-D(l). On the contrary, we view the Secretary’s suspension authority thereunder to be separate from and in addition to that of the court. Section 1312-D(1) empowers, and indeed requires, the Secretary to enter the exact suspension that, based upon the Secretary’s records, is required by the OUI statutes. The reason for the failure of the court itself to enter the correct suspension is irrelevant. 4

To construe section 1312-D(1), we first look to the plain meaning of its language. See National Council on Compensation Ins. v. Superintendent of Ins., 481 A.2d 775, 779 (Me.1984); Perry v. Hartford Acc. & Indem. Co., 481 A.2d 133, 138 (Me.1984). By the plain language, “If the court fails to *475 suspend the license of any person convicted under section 1312-B, ... the Secretary of State shall suspend those rights for the period specified in section 1312-B,” the suspension the Secretary is to impose is that which is required by section 1312-B; significantly, the section does not say that the Secretary is to impose only the suspension that the court should have imposed. Although in this case the court did not completely fail to suspend Benedix’s license, the insufficiency of the court record did prevent it from suspending for the full year mandated by statute, thus triggering the Secretary of State’s responsibility to finish the job.

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Benedix v. Secretary of State, 603 A.2d 473, 1992 Me. LEXIS 30 (Me. 1992).

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