State of Maryland Central Collection Unit v. Jordan

952 A.2d 266, 405 Md. 420, 2008 Md. LEXIS 445
CourtCourt of Appeals of Maryland
DecidedJuly 24, 2008
Docket118, September Term, 2007
StatusPublished
Cited by10 cases

This text of 952 A.2d 266 (State of Maryland Central Collection Unit v. Jordan) 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
State of Maryland Central Collection Unit v. Jordan, 952 A.2d 266, 405 Md. 420, 2008 Md. LEXIS 445 (Md. 2008).

Opinion

BATTAGLIA, J.

In the present case, the Respondent, Robert William Jordan, a resident of Glen Burnie, failed to maintain insurance on a truck registered to him in accordance with Section 17-103 of the Transportation Article, Maryland Code (1988, 2006 Repl. Vol.). 1 When the insurance lapsed, Jordan failed to renew or otherwise surrender evidence of the registration to the Motor Vehicle Administration (“MVA”) as required under Section 17-106 and, pursuant to the same Section, the State of Mary *422 land Central Collection Unit 2 (“the State”), the Petitioner, obtained a judgment against Jordan in the District Court of Maryland for Anne Arundel County. Having noted an appeal to the Circuit Court, Jordan testified that he sold the truck for cash before cancelling the insurance and argued that “the vehicle was not being driven with those tags without insurance.” The Circuit Court Judge reversed the judgment of the District Court, stating that he found Jordan “to be extremely credible and his testimony compelling,” and that he “understood] [that] [Jordan] has these obligations under state law but it seems to me he didn’t knowingly fail to do anything, in fact, [he] thought he had done everything he was supposed to do.” The State petitioned for certiorari, which we granted, to answer the following question:

Did the circuit court err as a matter of law in finding that because, as it believed, respondent did not intentionally fail to maintain insurance on his motor vehicle registered in the State of Maryland, the MVA could not impose statutory penalties for his failure to maintain insurance on his motor vehicle?

Central Collection v. Jordan, 402 Md. 623, 938 A.2d 825 (2008). 3 We shall reverse the judgment of the Circuit Court and hold that Section 17-106 is a strict liability statute that does not require a showing of knowledge or intent to establish a violation thereof.

*423 I. Introduction

The facts recited in the State’s brief were as follows: 4

It is undisputed that during the period of November 30, 2003 through and including September 30, 2005, MVA official records indicated that Jordan was the registered owner of a 1986 GMC truck that was not covered by the required security, i.e., insurance. Although all registered owners are instructed to surrender license tags to MVA upon cancellation of insurance, MVA records also indicate that evidence of the truck’s registration was never surrendered, a fact Jordan and his witness admitted. Nor did Jordan, after being requested to do so, ever respond to MVA’s requests for information concerning the insurance cancellation. Instead, he ignored MVA’s entreaties.

The State filed suit against Jordan on September 18, 2006, alleging that he “incurred a debt in the amount of $4,630.00 with the Motor Vehicle Administration (MVA) for compulsory insurance violation penalties assessed during the period of November 30, 2003 through September 30, 2005.” The complaint further alleged that Jordan owed the State $4,655.00 as well as a 17% collection fee of $791.35, pursuant to Section 3-304 of the State Finance and Procurement Article, Maryland Code (1985, 2006 ReplVol.) 5 and COMAR 17.01.01.07 6 for a total amount due of $5,446.35, for which the State allegedly *424 repeatedly made demand. After trial, the District Court judge entered judgment for the total amount, which the Circuit Court reversed.

II. Discussion

Before us, the State argues that the Circuit Court erred in considering intent as an element of Section 17-106 with respect to failure to maintain insurance, because 17-106 is a strict liability statute. Jordan, not having filed a brief, relies on the ruling of the Circuit Court.

*425 The issue presented in this case is simply whether Section 17-106 is a strict liability statute or one requiring proof of knowledge or intent for a violation thereof. Generally, a violation of a penal statute requires proof of intent, which has, “traditionally not been limited to the narrow, dictionary definition of purpose, aim, or design, but instead has often been viewed as encompassing much of what would ordinarily be described as knowledge,” while “the modern approach is to define separately the mental states of knowledge and intent,” so that intent is now defined as “purpose.” Wayne R. La-Fave, Criminal Law, Section 5.2(b) (4th ed.2003). A strict liability statute, conversely, “does not require the State to prove mens rea.” 7 Garnett v. State, 332 Md. 571, 585, 632 A.2d 797, 804 (1993).

In statutory interpretation, our primary goal is always “to discern the legislative purpose, the ends to be accomplished, or the evils to be remedied by a particular provision, be it statutory, constitutional or part of the Rules.” Barbre v. Pope, 402 Md. 157, 172, 935 A.2d 699, 708 (2007); Gen. Motors Corp. v. Seay, 388 Md. 341, 352, 879 A.2d 1049, 1055 (2005). See also Dep’t of Health & Mental Hygiene v. Kelly, 397 Md. 399, 419-20, 918 A.2d 470, 482 (2007). We begin our analysis by first looking to the normal, plain meaning of the language of the statute, reading the statute as a whole to ensure that “ ‘no word, clause, sentence or phrase is rendered surplusage, superfluous, meaningless or nugatory.’ ” Barbre, 402 Md. at 172, 935 A.2d at 708; Kelly, 397 Md. at 420, 918 A.2d at 482. See also Kane v. Bd. of Appeals of Prince George’s County, 390 Md. 145, 167, 887 A.2d 1060, 1073 (2005). If the language of the statute is clear and unambiguous, we need not look beyond the statute’s provisions and our analysis ends. Barbre, 402 Md. at 173, 935 A.2d at 708-09; Kelly, 397 Md. at 419, 918 A.2d at 482; City of Frederick v. Pickett, 392 Md. 411, 427, *426 897 A.2d 228, 237 (2006); Davis v. Slater, 383 Md. 599, 604-05, 861 A.2d 78, 81 (2004).

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Bluebook (online)
952 A.2d 266, 405 Md. 420, 2008 Md. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maryland-central-collection-unit-v-jordan-md-2008.