Motor Vehicle Admin. v. Medvedeff

466 Md. 455
Court of Appeals of Maryland·Decided December 19, 2019·No. 15/19·Published·Cited by 4 cases

Opinion

Motor Vehicle Administration v. Ariel A. Medvedeff, No. 15, September 2019 Term. Opinion by Hotten, J.

MARYLAND TRANSPORTATION ARTICLE— DRIVER’S LICENSES— TEST REFUSAL— ADMINISTRATIVE REMEDIES— IMPLIED CONSENT, ADMINISTRATIVE PER SE LAW— Pursuant to Md. Code § 16-205.1 of the Transportation Article, the Court of Appeals held that the administrative law judge erred in finding that a detaining officer did not have reasonable grounds to believe that an occupant of the vehicle was driving or attempting to drive while impaired or under the influence of alcohol, when he observed the driver of the vehicle failing to stop at a stop sign, and upon approaching the driver’s side of the vehicle, found Respondent seated in the driver’s seat, smelling of alcohol. Under the reasonable grounds standard articulated in Md. Code § 16-205.1, Petitioner was not required to prove that Respondent was actually driving or attempting to drive the vehicle while impaired or under the influence of alcohol; instead, Petitioner met its burden because there were sufficient facts based on the surrounding circumstances to support the officer’s belief that Respondent was driving or attempting to drive while impaired or under the influence. Accordingly, the Court of Appeals reversed the decision of the Office of Administrative Hearings and the Circuit Court for Carroll County. Circuit Court for Carroll County Case No. C-06-CV-18-000090 Argued: October 7, 2019 IN THE COURT OF APPEALS

OF MARYLAND

No. 15

September Term, 2019

__________________________________

MOTOR VEHICLE ADMINISTRATION v. ARIEL A. MEDVEDEFF __________________________________

Barbera, C.J., McDonald, Watts, Hotten, Getty, Booth, Wilner, Alan M. (Senior Judge, Specially Assigned),

JJ. __________________________________

Opinion by Hotten, J. __________________________________

Filed: December 19, 2019

Pursuant to Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State Government Article) this document is authentic.

2019-12-19 11:38-05:00

Suzanne C. Johnson, Clerk This appeal was taken from a decision of the Circuit Court for Carroll County, which

affirmed the decision of an Administrative Law Judge (“ALJ”), holding that an officer did

not have reasonable grounds to believe Ariel Medvedeff (“Respondent”) was driving or

attempting to drive a motor vehicle while impaired, when the officer approached the

vehicle following a traffic infraction, observed Respondent sitting in the driver’s seat, and

smelled alcohol on her breath and person. The Motor Vehicle Administration

(“Petitioner”) appealed the decision by the ALJ and the circuit court, and presents a single

issue for our review:

Did the administrative law judge err in imposing his credibility determinations and inferences from circumstances at the scene of the drunk driving arrest to make a legal determination that the detaining officer lacked reasonable grounds to suspect that [Respondent], who was seated in the driver’s seat after a traffic stop, was driving the vehicle, and therefore the officer could not request that she take an alcohol concentration test under Transportation Article § 16-205.1?

For reasons we shall explain infra, we answer that question in the affirmative and reverse

the decision of the Circuit Court for Carroll County.

FACTUAL AND PROCEDURAL BACKGROUND

The administrative show-cause hearing elicited the following facts. On December

30, 2017 at approximately 11:45 p.m., Deputy Kathleen Yox (“Deputy Yox”) and another

unnamed deputy from the Carroll County Sheriff’s Department conducted a routine traffic

stop of a vehicle they observed failing to stop at a stop sign in Westminster, Maryland. The

vehicle—a Ford F-350 pick-up truck—made a right turn at the stop sign instead of coming

to a complete stop. As a result of the traffic infraction, Deputy Yox pulled behind the pick-

up truck and attempted to pull the driver over. Upon noticing the police vehicle, the driver of the pick-up truck traveled for a short distance before turning left into a shopping center

parking lot, where Deputy Yox approached the vehicle from behind. At that time, Deputy

Yox observed Respondent sitting in the driver’s seat. A man, who was later identified

during the traffic stop as Anthony Crany (“Mr. Crany”), was seated in the back of the truck,

behind Respondent.

Upon approach, Deputy Yox detected the odor of alcohol on Respondent’s breath

and person. Accordingly, Deputy Yox requested that Respondent exit the vehicle and

submit to a series of Standard Field Sobriety Tests (“SFSTs”) to ascertain whether she had

been driving while under the influence of or impaired by alcohol. Respondent complied

with the request to exit the vehicle, while Mr. Crany remained in the backseat.

One of the SFSTs Deputy Yox performed on Respondent was a Preliminary Breath

Test. The Preliminary Breath Test sample determined that Respondent had a blood alcohol

concentration (“BAC”) level of 0.14.1 Because Respondent’s BAC exceeded the legal

limit of 0.08, Deputy Yox determined that she was impaired. During the course of

administering the SFSTs, the alleged passenger, Mr. Crany, exited the vehicle and

approached the other deputy. Mr. Crany insisted that Respondent had not been driving the

vehicle when they were stopped. Instead, Mr. Crany alleged that he was the driver and that

Respondent agreed to switch seats with him so that it appeared Respondent was driving at

the time of the traffic violation. In light of this new narrative, the unnamed deputy

A breath test is “[a] test of a person’s breath...to determine alcohol concentration.” 1

Md. Code (Repl. Vol. 2012), Transportation Article (“TRANSP.”) §16–205.1(a)(1)(iii)(1).

2 administered a series of SFSTs on Mr. Crany, which revealed that Mr. Crany was also

impaired. Ultimately, both occupants were placed under arrest and transported to the local

police station for a breathalyzer test (“breath test”), where Respondent was informed of her

right to refuse the test. She was also informed of the potential administrative consequences

should she refuse the breath test.2 After receiving this information and signing the DR-15

“Advice of Rights” form, Respondent refused to submit to the breath test and the officers

confiscated her driver’s license.3 Respondent challenged the suspension of her driving

privileges before the Office of Administrative Hearings.4

The Administrative Proceeding

The ALJ heard this case on May 15, 2018 and considered testimony from

Respondent and Mr. Crany. Respondent testified that she and Mr. Crany were traveling

from a restaurant in Westminster—where they both had been drinking alcohol—when Mr.

Crany ran the stop sign. Mr. Crany and Respondent testified that they switched seats

“almost immediately” after pulling into the parking lot to avoid negative consequences for

Mr. Crany, who was afraid a drunk driving arrest would interfere with his security

2 “Once a law enforcement officer has detained a suspected drunk driver, the officer is to advise the detainee, among other things, of the possible administrative sanctions for refusal to take the breath test and for test results that show a blood alcohol concentration above certain levels.” Motor Vehicle Admin. v. Krafft, 452 Md. 589, 594, 158 A.3d 539, 542 (2017) (citing [TRANSP.] § 16-205.1(b)(2)).

Free access — add to your briefcase to read the full text and ask questions with AI

Motor Vehicle Admin. v. Medvedeff, 466 Md. 455 (Md. 2019).

466 Md. 455 (Motor Vehicle Admin. v. Medvedeff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Motor Vehicle Admin. v. Usan
486 Md. 352 (Court of Appeals of Maryland, 2024)