Phaneuf v. Registrar of Motor Vehicles

26 Mass. L. Rptr. 219
CourtMassachusetts Superior Court
DecidedOctober 14, 2009
DocketNo. 0802553C
StatusPublished

This text of 26 Mass. L. Rptr. 219 (Phaneuf v. Registrar of Motor Vehicles) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phaneuf v. Registrar of Motor Vehicles, 26 Mass. L. Rptr. 219 (Mass. Ct. App. 2009).

Opinion

Kaplan, Mitchell H., J.

Plaintiff, David Phaneuf, brings this action to appeal from a decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds (the “Board”)1 denying him a limited license on the grounds of hardship following the suspension and subsequent revocation of his license to operate a motor vehicle in Massachusetts. The matter is before the court on Phaneuf s motion for judgment on the pleadings. For the reasons set forth below, the motion is denied in part and allowed in part, and the Board’s decision is, for the most part affirmed, but remanded for further consideration in view of an error in law.

BACKGROUND

On January 29, 2006, Phaneuf was arrested for operating under the influence of alcohol. He refused to take a breathalyzer. Because he had a prior OUI conviction, his refusal to submit to the breathalyzer resulted in the immediate suspension of his license for a period of three years pursuant to G.L.c. 90, §24(l)(f)(l).2 On November 29, 2006, he was convicted in the Worcester District Court of OUI as a result of that incident. That conviction resulted in the revocation of Phaneuf s license under §24(b), and, because he had both a prior OUI conviction and prior assignment to an alcohol rehabilitation program within the previous ten years, the registrar was prohibited from restoring his license or reinstating his right to operate until eight years after the date of his conviction, subject to Phaneufs right to apply for a so-called “hardship” restricted license for employment or education purposes two years following the date of conviction. See §24(1) (c)(3).

Phaneuf applied for a hardship license and was granted a hearing on his application on October 24, 2008. He was represented by counsel at that hearing. In its decision, the Board found that Phaneuf had managed to attend work and his children’s activities, although with difficulty, and, therefore that he had failed to demonstrate any extraordinary hardship. The Board also noted that Phaneuf failed to provide any proof of ongoing alcohol treatment or counseling, which was of concern to the Board because Phaneuf had been granted relief from the earlier OUI license suspension, but failed to maintain sobriety, resulting in yet another OUI and the present suspension.

The Board also noted that Phaneuf had applied for a hardship license before completing his mandatory three-year suspension for refusing the breathalyzer and held that Phaneuf “would not be considered for hardship relief while he is on [this] suspension, and thereafter he shall be eligible after serving two years of the eight-year OUI revocation.” The Board concluded by stating that Phaneuf “is allowed to re-apply for further hardship consideration on or after January 2011.”

DISCUSSION

General Laws c. 30A, §14, grants any person aggrieved by a decision of any agency in an adjudicatory proceeding the right to appeal that decision to the Superior Court. Unless irregularities in the agency proceedings are alleged, the court’s review is confined to the administrative record. G.L.c. 30A, §14(5). Phan-euf, as the appealing party, bears the burden of demonstrating that the Board’s decision is invalid. Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds, 27 Mass.App.Ct. 470, 474 (1989).

In reviewing the Board’s decision, this court is required to “give due weight to the experience, technical competence, and specialized knowledge of the [BoardI, as well as to the discretionary authority conferred upon it.” G.L.c. 30A, §14(7). The decision may be set aside only “if the court determines that the decision is unsupported by substantial evidence or is arbitrary or capricious, an abuse of discretion, or not in accordance with law.” Doe v. Sex Offender Registry Bd., 447 Mass. 779, 787 (2006), citing G.L.c. 30A, §14(7)(e), (g). “If [the Board] has, in the discretionary exercise of its expertise, made a choice between two fairly conflicting views, and its selection reflects reasonable evidence, [a] court may not displace [the Board’s] choice . . . even though the court would justifiably have made a different choice had the matter been before it de novo.” Lisbon v. Contributory Retirement Appeal Bd., 41 Mass.App.Ct. 246, 257 (1996) (internal quotation marks and citations omitted).

G.L.c. 90, §24(1) (c)(3) prohibits reinstatement of Phaneufs right to operate until eight years have passed since his conviction on November 20, 2006.3 The statute, however, permits the registrar to issue a restricted license “on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control.” The decision to do so is left to the discretion of the registrar. G.L.c. 90, §24(l)(c)(3). In the [221]*221exercise of this discretion, the registrar, and subsequently the Board, declined to issue a hardship license to Phaneuf because, in their view, Phaneufs history of significant alcohol abuse, repeated OUI offenses and failure to offer proof of continuing counseling or treatment, coupled with Phaneufs ability to manage his work and family obligations, did not warrant hardship relief, at this time. The Board’s decision clearly was not arbitrary or capricious, and was supported by substantial record evidence.

This case, however, does raise further issues concerning the relationship between subsections (l)(c)(3) and (l)(f)(l) of §24. The latter subsection clearly states that a suspension for refusal to submit to a chemical test or analysis of breath or blood becomes effective immediately upon receiving notice of the suspension from the police officer who witnessed the refusal, and, further, such suspension “shall run consecutively and not concurrently, ... as to any additional suspension periods arising from the same incident. . .” In consequence, in this case the three-year suspension that Phaneuf received under this subsection began on the date of his arrest and the revocation of his license under subsection (l)(c)(3) commenced on January 29, 2009, following the completion of that three-year suspension period. Notwithstanding Phaneufs arguments to the contrary, there is no other sensible interpretation of these subsections or application of them to the facts presented by Phaneufs appeal. To have the periods run concurrently would be directly contrary to the words of statute. The (l)(f)(l) suspension must begin first, as it is immediately effective on notice from the arresting officer, while the (l)(c)(3) revocation begins only upon conviction.

Subsection (l)(f)(l) also provides that: “No license or right to operate shall be restored under any circumstances and no restriction or hardship permits shall be issued during the suspension period imposed by this paragraph ...” Phanuefs suggestion that this explicit restriction does not apply to a hardship request for a restricted license under (l)(c)(3) is unavailing. He was not entitled to a hardship license until the immediate and mandatory three-year suspension period terminated on January 28, 2009.4

In its decision, the Board also stated that: “[t]he statute provides for hardship consideration after [Phaneuf] has competed [sic] two years of his eight-year suspension.” In this regard, the Board is in error.

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Related

General Electric Co. v. Department of Environmental Protection
711 N.E.2d 589 (Massachusetts Supreme Judicial Court, 1999)
Doe, Sex Offender Registry Board No. 10216 v. Sex Offender Registry Board
857 N.E.2d 492 (Massachusetts Supreme Judicial Court, 2006)
Merisme v. Board of Appeals on Motor Vehicle Liability Policies & Bonds
539 N.E.2d 1052 (Massachusetts Appeals Court, 1989)
Lisbon v. Contributory Retirement Appeal Board
670 N.E.2d 392 (Massachusetts Appeals Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
26 Mass. L. Rptr. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phaneuf-v-registrar-of-motor-vehicles-masssuperct-2009.