Davis v. Department of Licensing

977 P.2d 554, 137 Wash. 2d 957, 1999 Wash. LEXIS 351
CourtWashington Supreme Court
DecidedMay 27, 1999
DocketNo. 65688-6
StatusPublished
Cited by242 cases

This text of 977 P.2d 554 (Davis v. Department of Licensing) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Department of Licensing, 977 P.2d 554, 137 Wash. 2d 957, 1999 Wash. LEXIS 351 (Wash. 1999).

Opinions

Talmadge, J.

We are asked in this case to review two statutes that mandate the suspension of a young person’s driver’s license by the Department of Licensing (Department) upon notification by a court that such young person has been convicted of certain drug offenses. We are also asked to evaluate the statutes to determine if they offend constitutional principles of equal protection of law. We hold RCW 69.50.420(1) requires a court to notify the Department as to violations of chapter 69.50 RCW by “juveniles” [961]*961“thirteen years of age or older and under the age of 21.” We further hold the word “juvenile” in RCW 46.20.265(1) takes the definition of the referring statute, in this case, RCW 69.50.420(1). Finally, we hold the statutes in question do not offend equal protection. We affirm the decision of the Court of Appeals dissolving the trial court’s injunction preventing revocation of Davis’s driver’s license.

ISSUES

1. Do RCW 69.50.420(1) and RCW 46.20.265(1) apply to someone between the ages of 18 and 21 years?

2. If the statutes apply to persons between the ages of 18 and 21, do they violate the right to equal protection of law?

FACTS

Brett Davis, who was 19 years old at the time, pleaded guilty to a charge of possession of marijuana in Grant County District Court and was sentenced. The court sent notice of Davis’s conviction to the Department pursuant to RCW 69.50.420(1). Upon receipt of the notice, the Department suspended Davis’s driver’s license pursuant to RCW 46.20.265(1).

After Davis learned about the suspension of his driver’s license, he filed a complaint in Grant County Superior Court for injunctive and declaratory relief, and a motion for a temporary restraining order, all requiring the Department to reinstate his license. He asserted the suspension was improper, alleging ambiguity in the statutes as to the meaning of “juvenile.” He noted the Juvenile Justice Act of 1977 definition of “juvenile” is: “ ‘Juvenile,’ ‘youth,’ and ‘child’ mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court[.]” RCW 13.40.020(14). Because he was 19 when the suspension occurred, he contended the statutes were inapplicable to him. He also contended the [962]*962statute violated equal protection in applying to persons between 18 and 21 years of age.

The Department responded by acknowledging ambiguity in the two statutes as to the meaning of “juvenile,” Clerk’s Papers at 16, but argued the court could give effect to the language in RCW 69.50.420(1) describing juveniles as those persons 13 or over but under 21 by assuming the Legislature meant the word “juvenile” to mean “minor” rather than juvenile as defined in the Juvenile Justice Act. Clerk’s Papers at 18.

The trial court agreed with Davis in a memorandum opinion, and issued an order staying the revocation of Davis’s license. The trial court subsequently granted Davis’s motion for summary judgment and permanently enjoined the Department from suspending Davis’s license. Division Three of the Court of Appeals reversed, holding the Juvenile Justice Act’s definition of juvenile was inapplicable here, and rejecting Davis’s equal protection argument. Davis v. Department of Licensing, 90 Wn. App. 370, 952 P.2d 197 (1998). Davis petitioned for discretionary review, which we granted.

ANALYSIS

A. STATUTORY INTERPRETATION

The statutory scheme we are asked to consider is embodied in RCW 46.20.265(1) and various statutes set forth therein. RCW 46.20.265(1) provides:

In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

Under the provisions of RCW 46.20.265(1), the Department receives a notice from the court when enumerated persons [963]*963are convicted of firearms offenses (RCW 9.41.040(5) or RCW 13.40.265), alcohol crimes (RCW 66.44.365), or drug offenses (RCW 69.41.065, 69.50.420, 69.52.070). Upon such notice, the Department must “revoke all driving privileges” of the person. We are concerned here with RCW 69.50-.420(1), which states:

If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

We recently reviewed and summarized our principles of statutory interpretation:

In interpreting a statute, we do not construe a statute that is unambiguous. Food Servs. of Am. v. Royal Heights, Inc., 123 Wn.2d 779, 784-85, 871 P.2d 590 (1994). If the statute is ambiguous, the courts must construe the statute so as to effectuate the legislative intent. In so doing, we avoid a literal reading if it would result in unlikely, absurd or strained consequences. State v. Elgin, 118 Wn.2d 551, 555, 825 P.2d 314 (1992). The purpose of an enactment should prevail over express but inept wording.

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Cite This Page — Counsel Stack

Bluebook (online)
977 P.2d 554, 137 Wash. 2d 957, 1999 Wash. LEXIS 351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-department-of-licensing-wash-1999.