Martinez v. State ex rel. Department of Public Safety

2010 OK CIV APP 11, 229 P.3d 584, 2009 Okla. Civ. App. LEXIS 118
CourtCourt of Civil Appeals of Oklahoma
DecidedDecember 30, 2009
DocketNo. 107323
StatusPublished
Cited by8 cases

This text of 2010 OK CIV APP 11 (Martinez v. State ex rel. Department of Public Safety) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. State ex rel. Department of Public Safety, 2010 OK CIV APP 11, 229 P.3d 584, 2009 Okla. Civ. App. LEXIS 118 (Okla. Ct. App. 2009).

Opinion

JANE P. WISEMAN, Vice Chief Judge.

T1 State of Oklahoma ex rel. Department of Public Safety (DPS) appeals the trial court's order denying DPS's motion for new trial after having entered an order directing DPS to permit an administrative hearing on a notice of revocation of a driver's license issued to Nicholas E. Martinez (Plaintiff). Based on our review of the facts and law, we affirm.

FACTS AND PROCEDURAL BACKGROUND

12 On October 31, 2008, the Asher Police Department issued Plaintiff an "Officer's Affidavit and Notice of Revocation/Disqualification" (notice of revocation) of his driver's Hcense based on the results of a blood-alcohol test. Although the notice of revocation issued to Plaintiff contained a notice that his driver's license would be revoked within 30 days from service of the notice, it did not inform him of his right to request an administrative hearing on the revocation.

13 Plaintiff testified he did not become aware of his right to request an administrative hearing until January 2009 when he hired counsel to represent him. On January 21, 2009, Plaintiff's counsel sent a letter to DPS requesting an administrative hearing on the notice of revocation. The letter stated that even though the statutory time in which to request a hearing had expired, Plaintiff was never given any oral or written notice of his right to request a hearing. In response, DPS denied Plaintiff's request for an administrative hearing because Plaintiff failed to make a written request within 15 days after receiving the notice of revocation.

T4 On February 18, 2009, Plaintiff filed his petition appealing the revocation to the Pottawatomie County District Court. His petition alleges that the notice of revocation "failed to inform [him] of his right to request an Administrative Hearing on the revocation within fifteen (15) days, and he therefore was unaware of that time requirement until he consulted with counsel in January 2009." Plaintiff asked the district court to direct DPS to restore his driver's license or, alternatively, order DPS to modify the revocation/suspension "to allow him continued driving privileges during the period of revocation/suspension."

T5 On April 20, 2009, Plaintiff filed an instrument entitled "Brief of Plaintiff" arguing that the notice of revocation provided to him at the time of his arrest "was facially defective causing him in effect to waive his right to an administrative hearing allowing [DPS] to revoke his driver's license without due process." Plaintiff contended that 47 0.8. Supp.2008 § 754 requires the arresting officer to notify the driver both of the license revocation and of the right to request an administrative hearing within 15 days after service of the revocation notice. Plaintiff argued that the arresting officer gave him only the front page of the form and not the back page that customarily would have informed him of this right to request an administrative hearing.

16 On May 4, 2009, the district court ordered DPS to provide Plaintiff an administrative hearing on the notice of revocation and restore his driving privileges pending the outcome of the DPS Appeal Hearing. Specifically, the district court held as follows:

7. The Court finds that the request in the Petition ... [is] sufficient to raise the issue of an improper Notice for failure to inform the Plaintiff of his right to request an Administrative Hearing within fifteen (15) days after the issuance of the Order of Revocation.
8. The Court finds that the Notice issued to Plaintiff was different from all other forms prescribed by Defendant during that time period, in that it contained no second sheet (usually found on the reverse side of the Notice), where the Notice of a right to [586]*586request an Administrative Hearing within fifteen (15) days was set out.

T7 On May 14, 2009, DPS filed a "Motion for New Trial/Reconsideration and Brief in Support" arguing the district court erred in finding that 47 O.S. Supp.2008 § 754(D) requires DPS to notify a licensee of the right to request an administrative hearing within 15 days. DPS also argued that the above paragraph 8 of the district court's May 4, 2009, order contained facts and findings not introduced during trial, thus depriving DPS of the right to challenge this evidence.1 Plaintiff responded arguing the district court was correct in its ruling and that DPS's motion should be denied.

T8 On June 17, 2009, Plaintiff filed a "Motion to Supplement the Record" requesting the district court to "consider a copy of an 'Officer's Affidavit & Notice of Revocation Form' that was in use at the time of this case and is now in dispute by [DPS]." On June 19, 2009, the district court denied both DPS's motion for new trial and Plaintiffs motion to supplement the record. DPS appeals.

STANDARD OF REVIEW

T9 "A district court exercises broad legal discretion when it considers a motion for new trial." Ward v. State ex rel. Dep't Pub. Safety, 2006 OK CIV APP 1, ¶ 10, 127 P.3d 643, 644. "Unless the court either clearly erred in resolving a 'pure simple question of law' or acted arbitrarily, we will not disturb its refusal to grant a new trial." Id. (quoting Dominion Bank of Middle Tenn. v. Masterson, 1996 OK 99, ¶ 16, 928 P.2d 291, 294).

110 To determine whether the trial court abused its discretion in refusing to grant the motion for new trial, we must examine the trial court's decision to set aside the revocation of Plaintiff's driver's license pending the outcome of the DPS appeal hearing. Ward, 2006 OK CIV APP 1 at ¶ 12, 127 P.3d at 645. "When reviewing an order on an implied consent revocation, this Court may not reverse or disturb the trial court's decision unless it is erroneous as a matter of law or without 'sufficient evidentiary foundation."" Id. at ¶ 12, 127 P.3d at 645 (quoting Abdoo v. State ex rel. Dep't of Pub. Safety, 1990 OK CIV APP 2, ¶ 11, 788 P.2d 1389, 1393). We also review de novo a legal question regarding statutory interpretation, i.e., "a non-deferential, plenary and independent review of the trial court's legal ruling." Heffron v. District Court of Oklahoma County, 2003 OK 75, ¶ 15, 77 P.3d 1069, 1076.

ANALYSIS

T11 DPS contends the trial court erred as a matter of law in finding that "47 O.S. § 754(D) requires an individual be given notice of the opportunity to have an administrative hearing."2 DPS argues that the trial [587]*587court interpreted the word "notice" in § 7T54(D) and § 2-116 "to refer to notice of an opportunity to be heard." DPS asserts, however, that the "plain meaning of the language shows that the word 'notice' used in 754(D) is referring to notice of revocation or denial, not notice of the right to an administrative hearing." Because the notice of revocation provided notice to Plaintiff that his driver's license privileges had been revoked and provided notice that this document was a "'receipt and temporary driver's license which is valid for 30 days'" from service of notice, DPS argues the statutory notice requirement in § 754 was met.3

113 A driver's license is a property interest protected by due process safeguards contained directly within the regulations.

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Martinez v. STATE EX REL. DPS
2010 OK CIV APP 11 (Court of Civil Appeals of Oklahoma, 2009)

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Bluebook (online)
2010 OK CIV APP 11, 229 P.3d 584, 2009 Okla. Civ. App. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-state-ex-rel-department-of-public-safety-oklacivapp-2009.