LeMond v. STATE, DEPT. OF LICENSING

180 P.3d 829
CourtCourt of Appeals of Washington
DecidedApril 7, 2008
Docket59515-6-I
StatusPublished
Cited by43 cases

This text of 180 P.3d 829 (LeMond v. STATE, DEPT. OF LICENSING) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LeMond v. STATE, DEPT. OF LICENSING, 180 P.3d 829 (Wash. Ct. App. 2008).

Opinion

180 P.3d 829 (2008)

Jennifer R. LEMOND, Respondent,
v.
STATE of Washington, DEPARTMENT OF LICENSING, Petitioner.

No. 59515-6-I.

Court of Appeals of Washington, Division 1.

April 7, 2008.

*831 Matthew Daheim, Office of the Attorney General, Bellingham, WA, for Petitioner.

Diana Lundin, Fox Bowman & Duarte, Bellevue, WA, for Respondent.

DWYER, J.

¶ 1 The Washington State Department of Licensing (DOL) appeals from an order of the King County Superior Court that vacated a DOL order suspending Jennifer LeMond's driving privileges. The superior court's order was premised on its conclusion that the doctrine of collateral estoppel applied in the DOL hearing so as to preclude the DOL from offering evidence in that proceeding of LeMond's breath alcohol content at the time in question. Because the superior court erred in making that determination, we reverse.

I

¶ 2 LeMond was arrested on suspicion of driving while under the influence of alcohol. LeMond submitted to a breath alcohol concentration (BAC) test that yielded results of .156 percent and .152 percent. LeMond was subsequently charged by the city of Kirkland with DUI in Kirkland Municipal Court. The municipal court, reciting that it, "having considered briefing and having heard argument made by both parties, and finding good cause and legal grounds," entered an order suppressing the BAC test results in the criminal action because "the prosecution is unable to lay a foundation for the admission of the test result into evidence."

¶ 3 DOL commenced a concurrent administrative action seeking suspension of LeMond's driver's license. LeMond requested an administrative hearing, which took place one day after the municipal court proceeding. At the administrative hearing, LeMond moved to exclude evidence of the BAC test results on the basis that the municipal court's order collaterally estopped the hearing examiner from considering such evidence. During oral argument on the motion, LeMond's attorney stated that the underlying basis for the municipal court's order was its determination in a previous case that the statute addressing the foundational requirements for the admissibility of breath test evidence, RCW 46.61.506, was unconstitutional.[1]

¶ 4 In conclusions of law entered after the hearing, the hearing officer set forth her impression that the "decision of the [municipal] court has required a new standard to govern admissibility. The order submitted was based upon this standard." A recitation of the municipal court's "new standard" is not in our record.[2]

¶ 5 The hearing officer admitted the BAC evidence, refusing to apply collateral estoppel. In so doing, the hearing officer ruled that LeMond had not established that the doctrine applied because she had not proved the essential element of identity of the issues in the municipal court action and the administrative action. The hearing officer ruled that the municipal court excluded evidence of the BAC test results because of that court's determination that the statute governing admissibility was unconstitutional, but that an administrative hearing officer is "decidedly without authority to determine the constitutionality of the laws it administers." The *832 hearing officer further ruled that the application of collateral estoppel in this circumstance would be manifestly unjust because the issue of whether a statute is constitutional is an important public question of law that should not be foreclosed by collateral estoppel. See Kennedy v. City of Seattle, 94 Wash.2d 376, 378-79, 617 P.2d 713 (1980). Ultimately, the hearing officer affirmed the DOL suspension of LeMond's driver's license for 90 days pursuant to RCW 46.20.308(2)(c).[3]

¶ 6 LeMond appealed the suspension order to the King County Superior Court. On December 1, 2006, the superior court accepted LeMond's contention that the municipal court order collaterally estopped the hearing officer from admitting and considering the BAC test result evidence. Thus, the superior court reversed the hearing officer's order suspending LeMond's license to drive and dismissed the DOL action.[4]

II

¶ 7 A person whose license is suspended pursuant to the pertinent provisions of Title 46 RCW may petition for review of the final order of suspension "in the superior court of the county of arrest." RCW 46.20.308(9). The appeal is limited to a review of the record of the administrative hearing. The review is further limited

to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings.

RCW 46.20.308(9).[5] Our review of an administrative decision by the DOL is identical to that of the superior court. Walk v. State Dep't of Licensing, 95 Wash.App. 653, 656, 976 P.2d 185 (1999).

¶ 8 Whether collateral estoppel applies to preclude relitigation of an issue is a question of law that we review de novo. State v. Vasquez, 109 Wash.App. 310, 314, 34 P.3d 1255 (2001).

III

¶ 9 LeMond contends that the issue in the first proceeding was whether evidence of the BAC test results was admissible. DOL contends that more specific proof identifying the precise issue decided in the first proceeding is required. We agree.

¶ 10 Proving the identity of issues for purposes of establishing the applicability of the doctrine of collateral estoppel requires that the party seeking to have the doctrine applied must specifically identify the issues and the underlying legal principles litigated in the prior proceeding. The issue resolved in the prior proceeding must be established by competent evidence in order for the decisionmaker in the subsequent proceeding to undertake the necessary analysis of whether the issues in each proceeding are, in fact, identical. Because LeMond failed to present any competent evidence in the DOL hearing tending to prove the precise issues that were decided in the prior municipal court action and the precise legal bases for the municipal court's ruling, collateral estoppel could not properly be applied as to any of the issues presented in the subsequent administrative hearing.

*833 ¶ 11 Collateral estoppel "`prevents relitigation of an issue after the party estopped has had a full and fair opportunity to present its case.'" Barr v. Day, 124 Wash.2d 318, 324-25, 879 P.2d 912 (1994) (quoting Hanson v. City of Snohomish,

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Bluebook (online)
180 P.3d 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemond-v-state-dept-of-licensing-washctapp-2008.