Bresten v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

921 N.E.2d 134, 76 Mass. App. Ct. 263, 2010 Mass. App. LEXIS 150
CourtMassachusetts Appeals Court
DecidedFebruary 11, 2010
DocketNo. 09-P-1126
StatusPublished
Cited by5 cases

This text of 921 N.E.2d 134 (Bresten v. Board of Appeal on Motor Vehicle Liability Policies & Bonds) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bresten v. Board of Appeal on Motor Vehicle Liability Policies & Bonds, 921 N.E.2d 134, 76 Mass. App. Ct. 263, 2010 Mass. App. LEXIS 150 (Mass. Ct. App. 2010).

Opinion

Fecteau, J.

The plaintiff appeals from a Superior Court judgment entered in favor of the defendant in connection with his complaint for judicial review under the provisions of G. L. c. 30A, § 14(7). His complaint challenged whether the Massachusetts Registrar of Motor Vehicles (registrar) properly suspended his Massachusetts driver’s license due to an out-of-State [264]*264conviction that the registrar deemed as the equivalent of operating a motor vehicle while under the influence pursuant to the interstate compact on motor vehicle violations. G. L. c. 90, § 30B, inserted by St. 1988, c. 273, § 10.

The motion judge concluded that the decision of the board of appeal on motor vehicle liability policies and bonds (board) that affirmed the registrar’s suspension of the plaintiff’s license to operate a motor vehicle was proper because the plaintiff violated a Colorado motor vehicle law. In reaching this decision, the board also gave the plaintiff’s guilty plea on the Colorado statute, Colo. Rev. Stat. § 42-4-1301(l)(b) (2004), the equivalent effect as a guilty plea on a charge of operating a motor vehicle under the influence of alcohol (GUI) in Massachusetts. G. L. c. 90, § 24(l)(a)(l), as amended by St. 1999, c. 127, § 108. We affirm.

Background. On April 16, 2007, the plaintiff, a Massachusetts licensed driver, pleaded guilty to the offense of “driving while ability impaired” (DWAI) in Colorado and, as penalty therefor, was ordered to pay a fíne. Colo. Rev. Stat. § 42-4-1301(l)(b), (g) (2004).1 A conviction pursuant to subsection (b) of the Colorado statute does not cany the penalty of the loss of driving rights in Colorado. This conviction, however, was reported to the Massachusetts registrar pursuant to the interstate compact on motor vehicle convictions. G. L. c. 90, § 30B n.2

[265]*265On March 18, 2008, acting pursuant to G. L. c. 90, § 22(c), as amended by St. 1990, c. 256, § 1, the registrar notified the plaintiff of her intention to revoke his driver’s license for one year because of his Colorado conviction. She then sent a revocation notice, dated June 11, 2008, that the revocation was effective as of June 21, 2008. The plaintiff appealed to the board and requested that his license be reinstated or, alternatively, that he be given a hardship license.3 He argued that the registrar erred when she considered the Colorado DWAI conviction as an OUI conviction for purposes of his Massachusetts license suspension, contesting her decision that the two statutes were substantially similar. The board granted him a hardship license but rejected his claim that the convictions were dissimilar, and concluded that the Colorado offense of DWAI was substantially similar to the Massachusetts offense of OUI because “both statutes address the same level of impairment in imposing liability.”4

On July 16, 2008, the plaintiff filed a complaint for judicial review pursuant to G. L. c. 30A, § 14(7). The board filed the administrative record, and the plaintiff filed a motion for judgment on the pleadings contending that the registrar and the board committed an error of law by deciding that the conviction of DWAI in Colorado was substantially similar to a conviction of OUI in Massachusetts. The plaintiff’s motion, brought under Mass.R.Civ.P. 12(c), 365 Mass. 756 (1974), was denied, judgment entered in favor of the board, and the plaintiff’s complaint was dismissed.

Discussion. 1. The interstate compact. The plaintiff asserts that the interstate compact applies only if he is convicted of an offense that is comparable to a Massachusetts offense. He argues that the Colorado conviction of driving while alcohol impaired does not have a counterpart in the Massachusetts statutory scheme. Although we agree that the compact requires a substantially similar conviction, we disagree with his construction of the relevant offenses.

[266]*266The interstate compact provides that the registrar must give the same effect to conduct reported as if “such conduct had occurred in the home state.” G. L. c. 90, § 30B 111(a). Thus, if a driver is convicted for “driving a motor vehicle while under the influence of intoxicating liquor . . . to a degree that renders the driver incapable of safely driving a motor vehicle,” then the registrar must give the same effect to out-of-State motor vehicle convictions as if the offense had occurred in Massachusetts. G. L. c. 90, § 30B III (a)(2). Moreover, under § 30B III (c), “[i]f the laws of a party [S]tate do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this subsection, such party [S]tate shall construe the denominations and descriptions appearing in the subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party [S]tate shall contain such provisions as may be necessary to ensure that full force and effect is given to this subsection.”

The notice of revocation to the plaintiff indicated that the revocation was due to the conviction for driving while intoxicated in Colorado. This conviction, if substantially similar to the Massachusetts offense, rendered the plaintiff subject to the statutory scheme of the interstate compact. We turn to the relevant statutes to determine whether the provisions are substantially similar.

2. Statutory interpretation. “The duty of statutory interpretation is for the courts . . . but an administrative agency’s interpretation of a statute within its charge is accorded weight and deference. . . . Where the [agency’s] statutory interpretation is reasonable ... the court should not supplant [its] judgment.” Dowling v. Registrar of Motor Vehicles, 425 Mass. 523, 525 (1997) (citations omitted), quoting from Massachusetts Med. Soc. v. Commissioner of Ins., 402 Mass. 44, 62 (1988) (holding that board’s interpretation of G. L. c. 90, § 22[c], third par., requiring one-year license suspension, consistent with like suspension in New Hampshire, was reasonable, notwithstanding that suspension of license for equivalent motor vehicle offense in Massachusetts would require only ninety-day suspension).

a. The Colorado statute. The Colorado statute at issue here divides levels of impairment into subsections. Colo. Rev. Stat. § 42-4-1301. For instance, § 42-4-1301(l)(a) prohibits “any [267]*267person who is under the influence of alcohol ... to drive any vehicle in this state.” The statute defines this offense as “driving a vehicle when a person has consumed alcohol . . . [when the] alcohol alone . . . affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” § 42-4-1301(l)(f) (emphasis added).5

To be convicted of DWAI the statute states that “[i]t is a misdemeanor for any person who is impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, to drive any vehicle in this state.” § 42-4-1301(l)(b). The statute defines this conduct as “driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drags, which alcohol alone, or one or more drags, or alcohol combined with one or more drags,

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Related

Callahan v. Board of Appeal on Motor Vehicle Liability Polices and Bonds
57 N.E.3d 1059 (Massachusetts Appeals Court, 2016)
Callahan v. Board of Appeals on Motor Vehicle Liability & Bonds
32 Mass. L. Rptr. 441 (Massachusetts Superior Court, 2014)
Scheffler v. Board of Appeal on Motor Vehicle Liability Policies & Bonds
995 N.E.2d 816 (Massachusetts Appeals Court, 2013)
Mooney v. Vt. Dep't of Motor Vehicles
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Scheffler v. Board of Appeals on Motor Vehicle Liability Policies & Bonds
30 Mass. L. Rptr. 251 (Massachusetts Superior Court, 2012)

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Bluebook (online)
921 N.E.2d 134, 76 Mass. App. Ct. 263, 2010 Mass. App. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bresten-v-board-of-appeal-on-motor-vehicle-liability-policies-bonds-massappct-2010.