Gwin v. Motor Vehicle Administration

869 A.2d 822, 385 Md. 440, 2005 Md. LEXIS 107
CourtCourt of Appeals of Maryland
DecidedMarch 10, 2005
Docket91, Sept. Term, 2004
StatusPublished
Cited by62 cases

This text of 869 A.2d 822 (Gwin v. Motor Vehicle Administration) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gwin v. Motor Vehicle Administration, 869 A.2d 822, 385 Md. 440, 2005 Md. LEXIS 107 (Md. 2005).

Opinion

CATHELL, J.

This appeal stems from the denial by respondent Maryland Motor Vehicle Administration (“MVA”) of the April 8, 2003, application made by petitioner, Norris Emmett Gwin, for a Maryland driver’s license. As of the date petitioner made his application, his driver’s license had been revoked both in Illinois and in Florida and the MVA denied his application on the basis of Md.Code (1977, 2002 Repl.Vol.), § 16-103.1(1) of the Transportation Article, which prohibits the MVA from issuing a license “[d]uring any period for which the individual’s license to drive is revoked ... in this or any other state.” Petitioner sought review in the Maryland Office of Administrative Hearings (“OAH”) of the MVA’s failure to process his license application and in a hearing on January 15, 2004, before an Administrative Law Judge (“ALJ”), petitioner was granted his requested relief and the MVA was ordered to process petitioner’s application for a driver’s license. On February 10, 2004, the MVA filed a Petition for Judicial Review in the Circuit Court for Anne Arundel County. Following argument, the trial court issued a written opinion on August 5, 2004, reversing the decision of the ALJ. Thereafter, petitioner filed a Petition for Writ of Certiorari with this Court which we granted on November 29, 2004. Gwin v. Motor Vehicle Administration, 383 Md. 569, 861 A.2d 60 (2004).

Petitioner presents the following question for our review, to which we have added a second question to reflect the more narrow issue as presented to the trial court:

1. “[Does] the Driver License Compacts Md.Code (1977, 2002 Repl.Vol.), § 16-703 of the Transportation Article] allow[ ] a Maryland resident with a permanent revocation of his Florida driver’s license to apply for a Maryland driver’s license after serving one year of the revocation?”
*445 2. Does McLCode (1977, 2002 Repl.Vol.), § 16-103.1(1) of the Transportation Article, conflict with the Driver License Compact, found at Md.Code (1977, 2002 Repl. Vol.), § 16-703 of the Transportation Article? [Alterations added.]

As we have reframed the focus of this case, we hold that there is no conflict between Md.Code (1977, 2002 RepLVol.), § 16-103.1(1) of the Transportation Article, which permits the MVA to deny a driver’s license to an individual whose driver’s license has been revoked in Maryland or any other state, and the Driver License Compact, found at Md.Code (1977, 2002 RepLVol.), § 16-703 of the Transportation Article. The clear legislative intent of these two statutes indicates that Maryland law recognizes extraterritorial license revocations and the MVA is not permitted to issue a license to an individual whose license has been permanently revoked in another jurisdiction, even after a period of one year of the revocation.

I. Facts

Petitioner, currently a Maryland resident, completed an Application for a Maryland Non-Commercial Driver’s License on April 8, 2003, in pursuit of a Maryland driver’s license. In response to question number four on the application, which states, “Is your driver’s license or privilege to drive suspended, revoked, refused or cancelled in this or any other state, Washington D.C., or Canada?” petitioner indicated in the affirmative. A bolded statement printed on the application immediately adjacent to the question four response area reads, “If yes, you are not eligible for a Maryland driver’s license.” This statement appears in response to Md.Code (1977, 2002 RepLVol.), § 16-103.1(1) of the Transportation Article, which states:

“§ 16-103.1. [Persons not to be licensed] — Disqualifications.

The Administration may not issue a driver’s license to an individual:

*446 (1) During any period for which the individual’s license to drive is revoked, suspended, refused, or canceled in this or any other state, unless the individual is eligible for a restricted license under § 16-113(e) of this subtitle....” [Alteration added.]

Petitioner’s rather dismal driving record indicates that he has four convictions for driving under the influence of alcohol or drugs (“DUI”) for which he received a license revocation in Illinois and a permanent license revocation in Florida. 1 It is *447 unclear precisely how long petitioner has resided in Maryland, but it appears to be at least since April 2000 given that petitioner’s MVA record indicates that on April 6, 2000, he secured a Maryland State Identification card, 2 which is valid for five years.

The MVA declined to consider petitioner’s application for a driver’s license, noting on petitioner’s application that he would “need clearance letters from the [Florida] and [Illinois] DMV[s]” (alterations added). In a letter from petitioner’s counsel, dated April 9, 2003, one day after petitioner’s license application was denied by the MVA pursuant to § 16-103.1, petitioner requested a hearing in the Office of Administrative Hearings. A hearing was scheduled for May 27, 2003, at which petitioner failed to appear, and, upon petitioner’s request, a later hearing was scheduled for January 15, 2004. At the January 2004 hearing, petitioner appeared with his attorney before Mary Shock, Administrative Law Judge; no representatives from the MVA appeared, and the MVA proceeded on the documents it had submitted. Petitioner argued that the Interstate Driver’s License Compact (“Compact”), into which Maryland had entered in 1987, 3 see 1987 Md. Laws, Chap. 320, codified at Md.Code (1977, 2002 Repl.Vol.), § 16-703 of the Transportation Article, supercedes Md.Code (1977, 2002 Repl.Vol.), § 16-103.1 of the Transportation Article and, effectively, compels the MVA to conduct an investigation of petitioner’s fitness to drive a motor vehicle, and upon a satisfactory assessment, to issue petitioner a Maryland driv *448 er’s license after he has served one year of the permanent revocation of his Florida license. Following the conclusion of petitioner’s testimony and counsel’s argument, the ALJ found that:

“[Petitioner has] been revoked in Illinois since 1982 and in Florida since 1984. And the Florida revocation is a lifetime revocation, so you are unable to have that cleared in order to apply for a license or to overcome the disqualification section of 16-103.1. But I have considered the Article [V] of the [C]ompact entered into with other jurisdictions. Article [V], Section 2, states if such revocation is not terminated, except after the applicant has held a license, but the same has been revoked by reason in whole or in part of a violation and if such revocation is not terminated except after an expiration of one year from the date the licensee was revoked, such person may make an application for a new license if permitted by law. And the licensing authority has the authority to refuse but an investigation must be performed.

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Bluebook (online)
869 A.2d 822, 385 Md. 440, 2005 Md. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwin-v-motor-vehicle-administration-md-2005.