Motor Vehicle Administration v. Shrader

597 A.2d 939, 324 Md. 454, 1991 Md. LEXIS 188
CourtCourt of Appeals of Maryland
DecidedOctober 31, 1991
Docket4, 5 and 49 September Term, 1991
StatusPublished
Cited by53 cases

This text of 597 A.2d 939 (Motor Vehicle Administration v. Shrader) 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
Motor Vehicle Administration v. Shrader, 597 A.2d 939, 324 Md. 454, 1991 Md. LEXIS 188 (Md. 1991).

Opinions

KARWACKI, Judge.

These three cases require our construction of Maryland Code (1987, 1991 Cum.Supp.), § 16-205.1 of the Transportation Article, which under certain circumstances authorizes [457]*457the suspension of driving privileges when a licensee is detained on suspicion of drunken driving. Specifically, we are called upon to determine whether dismissal of an order of suspension is a proper sanction when the Motor Vehicle Administration (MVA)1 fails to comply with the provisions of § 16-205. l(f)(5)(i) by scheduling a hearing to challenge the suspension more than 30 days after its receipt of a hearing request submitted by the licensee.

I.

On June 17, 1990 at 3:07 a.m., Appellant, Jeffrey Paul Larkin, was stopped by a Maryland State Trooper in Prince George’s County for suspected drunken driving. Larkin was advised of his right under § 16-205.1 of the Transportation Article to take or refuse a chemical test to determine the concentration of alcohol in his blood, and of the consequences of his decision. After Larkin refused to submit to the test, the trooper confiscated Larkin’s driver’s license and issued him an officer’s certification and order of suspension, which also served as a temporary driver’s license, allowing Larkin to continue to drive for 45 days after its issuance, or until completion of an administrative hearing at which Larkin could demonstrate why his license should not be suspended.

Larkin timely completed a request for a hearing to challenge the suspension of his license and mailed it to the MVA. That request was received by the MVA on June 25, 1990. A hearing was scheduled before an administrative law judge of the OAH for July 27, 1990, 32 days after MVA’s receipt of Larkin’s hearing request. Larkin’s temporary license was scheduled to expire August 1, 1990, five days after his administrative hearing was held.

[458]*458On July 27, 1990, Larkin appeared for his administrative hearing and filed a motion to dismiss the suspension order on the basis of MVA’s failure to schedule a hearing date within 30 days from the date Larkin filed his hearing request, as required by § 16—205.1(f)(5)(i) of the Transportation Article. The administrative law judge denied Larkin’s motion and suspended his license to drive for 120 days.

Larkin filed an appeal to the Circuit Court for Prince George’s County and the suspension was stayed pending the outcome of the appeal. The circuit court judge affirmed both the denial of the motion to dismiss and the decision of the administrative law judge to suspend Larkin’s license.

The case involving Appellee, Bruce Clayton Shrader, followed a similar course. On the night of April 20, 1990 at 10:44 p.m., Shrader was detained by a police officer for suspected drunken driving in Harford County. Shrader was advised of his rights with regard to taking a chemical test and refused to submit to the test. As a result, the trooper seized Shrader’s driver’s license and served him an order of suspension and a temporary license authorizing him to drive for 45 days after its issuance, or until completion of an administrative hearing to determine whether the suspension was warranted.

Shrader filed a timely request for an administrative hearing which was received by MVA on April 24, 1990. The MVA scheduled the hearing regarding Shrader’s refusal to take the test on May 25, 1990, 31 days after MVA had received the request for hearing. At the administrative hearing, Shrader moved to dismiss the order of suspension on the basis that the hearing was not held within 30 days of the date that the request was received, as provided in § 16-205.1(f)(5)(i). The motion was denied by the administrative law judge, who stated that unless Shrader could show any harm, the untimely scheduling of the hearing did not require a dismissal. At the conclusion of the hearing, Shrader’s license was suspended for 120 days.

[459]*459Shrader filed a timely appeal to the Circuit Court for Harford County and the suspension was stayed pending the outcome of the appeal. On appeal, the circuit court ruled that the requirement that a hearing be scheduled within 30 days of receipt of the request was mandatory, and that although Shrader was not prejudiced, MVA’s non-compliance nevertheless required reversal of the suspension.

Similarly, late in the evening of April 20, 1990 and the early morning of April 21, 1990, Appellee, Sharon Lee Keller, was detained by a police officer for suspected drunken driving in Anne Arundel County. Keller was advised of her right to take or refuse a chemical test, and the attendant administrative consequences. She declined to take such a test, and as a result, her driver’s license was confiscated and she was presented an order of suspension and a temporary license, which authorized her to drive for 45 days or until completion of an administrative hearing to determine the validity of the suspension.

Keller timely requested an administrative hearing which was received by the MVA on April 23, 1990. Her hearing was scheduled for May 25, 1990, 32 days after MVA had received the request for hearing. At the administrative hearing, Keller moved to dismiss the suspension on the ground that the hearing had not been scheduled within the requisite 30 days, as provided in § 16-205. l(f)(5)(i). The motion was denied by the administrative law judge, and Keller’s license was suspended for 120 days.

On appeal to the Circuit Court for Anne Arundel County, the court ruled that the requirement that a hearing be scheduled within 30 days of the receipt of the request was mandatory and that MVA’s non-compliance required a dismissal of the suspension, even though Keller had not been prejudiced by the delay.

We granted certiorari to review the judgments of the circuit courts in these cases to determine whether dismissal is the proper sanction for the MVA’s failure to provide a hearing to challenge the order of suspension within 30 days.

[460]*460II.

In 1988, the General Assembly established a Task Force on Drunk and Drugged Driving because “[t]he problem of drunk and drugged driving is of continuing concern to the citizens of the State of Maryland.” Joint Resolution No. 15 of the Acts of 1988. The Task Force was charged, inter alia, with:

“(1) Examining methods of increasing the effectiveness of the remedies currently available for combatting drunk and drugged driving;
“(2) Examining remedies developed by other states and jurisdictions to deal with the problem of drunk and drugged drivers; [and]
“(3) Recommending changes and additions to current laws and regulations dealing with drunk and drugged drivers.”

Id.

In its interim report issued in December of 1988, the Task Force recommended that the General Assembly enact what it referred to as an administrative per se law which would provide “for the prompt suspension of the driver’s license of an individual who, upon being detained by a police officer on suspicion of driving or attempting to drive while under the influence of alcohol or while intoxicated, either: 1) Refused to take a BAC [blood alcohol concentration] test; or 2) Submitted to the BAC test, and the results exceeded a statutorily defined limit.” Task Force on Drunk and Drugged Driving, Interim Report to the General Assembly, at 6 (1988).

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Bluebook (online)
597 A.2d 939, 324 Md. 454, 1991 Md. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motor-vehicle-administration-v-shrader-md-1991.