Decker v. Rolfe

2008 UT App 70, 180 P.3d 778, 599 Utah Adv. Rep. 16, 2008 Utah App. LEXIS 65, 2008 WL 597220
CourtCourt of Appeals of Utah
DecidedMarch 6, 2008
DocketCase No. 20070210-CA
StatusPublished
Cited by7 cases

This text of 2008 UT App 70 (Decker v. Rolfe) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Decker v. Rolfe, 2008 UT App 70, 180 P.3d 778, 599 Utah Adv. Rep. 16, 2008 Utah App. LEXIS 65, 2008 WL 597220 (Utah Ct. App. 2008).

Opinion

OPINION

BENCH, Judge:

{1 Appellant Gene Decker appeals the decision of the district court upholding the administrative suspension of his driver license for refusing to take a breath test. We conclude that the district court did not err by finding that Decker's decision to refuse the test was informed and voluntary because Decker understood the consequences of refusing the test. We therefore affirm.

BACKGROUND

[2 On May 21, 2006, Decker was the driver in a single-car automobile accident in But-terfield Canyon. Salt Lake County Deputy Sheriff Steve Marshall (the Deputy) responded to the seene. Upon arriving, the Deputy smelled the odor of alcohol emanating from the wrecked car and Decker. The Deputy noticed that Decker's "speech was slow and his balance was poor." Decker admitted to having four beers before driving. After administering multiple field sobriety tests, the *780 Deputy placed Decker under arrest for driving under the influence of alcohol (DUI) and transported him to the Special Operations Division of the Salt Lake County Sheriffs Office, a trip of approximately one hour.

T3 During the car ride to the sheriff's office, Decker was hand-cuffed and seated in the front seat next to the Deputy. Decker repeatedly asked questions about what the Deputy would do if he, like Decker, was facing a breath test at the sheriff's office. Reluctantly, the Deputy finally told Decker that he would not take the test. Throughout the conversation, the Deputy repeatedly explained to Decker the consequences of refusing the breath test.

14 When they arrived at the sheriffs office, the Deputy requested that Decker take a breath test and informed Decker of the consequences should the test results show that Decker had an unlawful amount of aleo-hol or a controlled substance in his body. Decker refused to take the test. The Deputy then read Decker the proper warnings associated with refusing to take a requested test, informing Decker that his driving privileges could be revoked or suspended for refusing to take the breath test. Decker still refused to take the test and was served with a copy of the Driver License Division's (the Division) notice of intent to suspend or revoke his license. The notice stated that Decker had ten days to request, in writing, an administrative hearing on the matter.

15 On June 5, 2006, after the ten-day deadline had passed, Decker sent the Division a written request for a hearing. On June 8, 2006, the Division sent Decker a letter denying his request as untimely and informing him of the impending suspension of his license. The letter stated that "[the suspension of your Utah driving privilege will automatically take place on the 80th day after the date of your arrest." Further, the letter informed Decker that he "may appeal this action in the district court in the county in which the offense occurred within thirty (30) days of the effective date of [the] suspension."

T6 A week later, on June 14, 2006, the-Division sent Decker a second letter stating that his license would be suspended effective June 20, 2006. Despite including permissive language to describe Decker's option to request reconsideration through the Division, this second letter stated that it "d[id] not replace any prior notice already in effect." Decker filed his petition for judicial review with the district court on July 12, 2006.

T7 In the district court, neither party raised the issue of whether the court had jurisdiction to review the administrative decision. The district court proceeded to conduct a trial de novo and upheld the suspension of Decker's driver license. The district court ruled that the Deputy's so-called "advice" had no legal effect on the voluntary and informed nature of Decker's refusal to take the breath test. Decker now appeals that decision. The Division contends, for the first time on appeal, that the district court lacked subject matter jurisdiction to review the Division's decision because Decker failed to exhaust his administrative remedies.

ISSUES AND STANDARDS OF REVIEW

18 The Division challenges the district court's jurisdiction to conduct a review of the administrative suspension of Decker's driver license. We will consider this issue despite the Division's failure to argue it below because "[qJluestions of subject matter jurisdiction ... may be raised at any time and are addressed before resolving other claims." State v. Sun Sur. Ins. Co., 2004 UT 74, ¶ 7, 99 P.3d 818. "The determination of whether a court has subject matter jurisdiction is a question of law." Beaver County v. Qwest, Inc., 2001 UT 81, ¶ 8, 31 P.3d 1147.

19 Decker's sole claim on appeal is that the district court erred by finding that his refusal to take the breath test was voluntary and not tainted by the Deputy's answers to Decker's questions about what the Deputy would do if he were in Decker's place. Our review of a trial de novo on a driver license suspension is "deferential to the trial court's view of the evidence unless the trial court has misapplied principles of law or its findings are clearly against the weight of the evidence." Lopez v. Schwendiman, 720 P.2d 778, 780 (Utah 1986); see also Garcia v. Schwendiman, 645 P.2d 651, 652 (Utah 1982).

*781 ANALYSIS

I. Jurisdiction

110 The Division argues that Decker's failure to timely request an administrative hearing divested the district court of jurisdiction because Decker did not exhaust his administrative remedies. Utah's Administrative Procedures Act permits aggrieved parties to seek judicial review only after exhausting all administrative remedies except in a limited number of cireumstances, including when other pertinent statutes do not require exhaustion. See Utah Code Ann. § 63-46b-14(2) (2004). The applicable version of the statute governing judicial review of driver license revocations, Utah Code seetion 53-3-224, stated, without qualification, that "[a] person ... whose license has been cancelled, suspended, or revoked by the division may seek judicial review of the division's order." Utah Code Ann. § 53-3-224(1) (2002). 1 We have previously interpreted this version of section 58-3-224 to permit aggrieved parties to seek judicial review of the Division's orders cancelling, suspending, or revoking licenses regardless of whether such parties have fully exhausted their administrative remedies. See, e.g., Gilley v. Blackstock, 2002 UT App 414, ¶ 10, 61 P.3d 305 (stating that the petitioner, who did not receive a prerevocation hearing, could still have sought review in the district court if her administrative appeal to the district court had been filed within the thirty-day time limit).

T11 Here, the Division suspended Decker's license. In response to Decker's untimely request for a hearing, the Division, in writing, denied his request and informed him that his license would be suspended.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 UT App 70, 180 P.3d 778, 599 Utah Adv. Rep. 16, 2008 Utah App. LEXIS 65, 2008 WL 597220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decker-v-rolfe-utahctapp-2008.