Registry of Motor Vehicles v. Stevens

22 Mass. L. Rptr. 608
CourtMassachusetts Superior Court
DecidedJune 7, 2007
DocketNo. 200601624
StatusPublished

This text of 22 Mass. L. Rptr. 608 (Registry of Motor Vehicles v. Stevens) 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
Registry of Motor Vehicles v. Stevens, 22 Mass. L. Rptr. 608 (Mass. Ct. App. 2007).

Opinion

MacDonald, D. Lloyd, J.

Before the Court is a motion for judgment on the pleadings brought by the petitioner Registry of Motor Vehicles (the “Registry” or the “Registrar”) on its petition for certiorari review pursuant to G.L.c. 249, §4. The action at issue is the decision of the Concord Division of the District Court Department of the Trial Court (the “District Court”) reversing the Registrar’s three-year suspension of the license of the respondent Margaret Stevens (“Stevens”) for Stevens’ refusal to take a breathalyzer test after her arrest for driving under the influence. For the reasons stated below, the Court ALLOWS the petition and reverses the District Court.

Pertinent Facts

In the early morning of January 8, 2006, while operating a motor vehicle on a public way in Lincoln, Stevens was stopped by an officer of the Lincoln Police Department. At the time, Stevens was 20 years old. After failing three field sobriety tests, Stevens was arrested for operating under the influence and transported to the police station.

Although there is conflicting evidence as to the details of what occurred at the station, there is no dispute that Stevens was provided with a so-called “Statutory Rights Form” issued pursuant to G.L.c. 90, §24(1)(f)(1). The Statutory Rights Form recited Stevens’ rights to a doctor’s medical examination and to a telephone call to family, friends or counsel.

The form also contained a “request” that Stevens “submit to a chemical test to determine [her] blood alcohol concentration.” The latter is commonly referred to as a “breathalyzer test.” The form further notified Stevens that “[i]f [she] refuse[d] this test, [her] license or right to operate in Massachusetts shall be suspended for at least a period of 180 days or up to life for such refusal.” The text of the form continued: “The suspension if you take the test and fail it is 30 days. Drivers under age 21 will face an additional suspension pursuant to General Laws Chapter 90, Section 24P of 180 days to 1 year.”

Stevens availed herself of the opportunity to make a phone call and called her mother. Again, while the accounts vary as to what occurred after Stevens contacted her mother, there is no dispute that Stevens did in fact speak to her mother and that her mother herself spoke to the arresting officer. It is also not contested that her mother was provided a copy of the Statutory Rights Form when she arrived at the station to pick up Stevens. And it is also not in dispute that after speaking to her mother, Stevens refused to take the breathalyzer test.

As of the date of the incident, G.L.c. 90, §24 had been recently and significantly revised in a legislative package referred to as “Melanie’s Law.” For background see, e.g., K. Eschbacher, “Crackdown on the Roads: Melanie’s Law,” Patriot Ledger, October 29, 2005 at p. 1. Among the changes introduced by Melanie’s Law was that if a person under age 21 refused to take the breathalyzer test after notice of the range of suspensions that could be imposed for doing so, an automatic three-year license suspension was imposed.1

Within a week, the Registry revoked Stevens’ license for the mandatory three-year period.

Stevens then exercised her statutory right to a hearing at the Registry to contest the suspension. G.L.c. 90, §24(1)(g). She and her mother submitted affidavits to the hearing officer.

The basis of her appeal was that Stevens alleged that she had been misled by the arresting officer as to the consequences of a refusal to take the breathalyzer. Stevens said that the officer told her that if she refused to take the test, the maximum period her license would be suspended would be one year. Her affidavit stated, “While I was speaking to [my mother on the phone from the station] the police officer said, "Make sure she understands you could lose your license anywhere from 180 days to ayear [ifyou were to refuse the test]. I asked him if he would like to talk to her, handed him the phone and he told her the same."

Stevens’ mother’s affidavit confirmed Stevens’ account. Her affidavit stated: “The police officer came on the phone and explained that Margaret could lose her [609]*609license for 6 months to a year if she didn’t take the test.”

As noted above, Stevens refused the breathalyzer test. As to her reasons, she stated in her affidavit, “My decision to not take the breathalyzer was based on the understanding that I would lose my license for at most a year. I am in school in New York where I do not use a car, so losing my license for a year did not seem like a big hardship. However, losing my license for three years would be.” If she had been informed of the prospect of the three-year suspension, Stevens said in her affidavit, and so testified at the Registry hearing, she “would have definitely taken the breathalyzer.”

At the Registry hearing, the hearing officer had before him the “Report of Chemical Test Refusal” on a form authorized by the Registry pursuant to G.L.c. 90, §24(1)(f). He also had copies of the incident reports prepared by the police officers involved in Stevens’ arrest and booking. And he had Stevens’ and her mother’s affidavits. Stevens and her mother were present at the hearing. Stevens did not subpoena the police officers to the hearing, as was her right. 540 C.M.R. 9.05(6); 540 C.M.R. 11.02(4); Wasserman v. Registry of Motor Vehicles, Suffolk Superior Court Civil Action No. 03-03341, 2004 WL 2049771, at *10 (Sept. 7, 2003) (Cratsley, J.) [18 Mass. L. Rptr. 259).

Pursuant to G.L.c. 90, §24(l)(g), the hearing officer was required to address three issues:

(i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor
(ii) was such person placed under arrest, and
(iii) did such person refuse to submit to such test or analysis.

After considering the evidence, the hearing officer concluded that Stevens had not met her appellate burden of proof on any one of them and let the suspension stand. He communicated his decision first by letter and then by a detailed “Chemical Test Refusal Hearing Report” pursuant to 540 Code Mass. Regs. 11.00.

With regard to the specific issue of Stevens’ refusal of the breathalyzer test, in the section of the hearing officer’s report where the printed question was posed, “Did the defendant refuse to submit to a Chemical Test?” the hearing officer entered, “Yes.” As his reasons, the hearing officer recorded that Stevens had been given the Statutory Rights Form, that the form contained a verbatim recitation of the advice required by the statute to the effect that a refusal of the test would cause Stevens’ license to be “suspended for a period of at least 180 days up to a lifetime,” and that by her own admission Stevens refused the test. The hearing officer also noted that the form recited that an “additional" suspension of 180 days to one year would occur on Stevens’ refusal on account of her being under 21, citing G.L.c. 90, §24P (emphasis in the original hearing officer’s decision).

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Cite This Page — Counsel Stack

Bluebook (online)
22 Mass. L. Rptr. 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/registry-of-motor-vehicles-v-stevens-masssuperct-2007.