State v. Page

332 So. 2d 427
Supreme Court of Louisiana·Decided May 17, 1976·No. 57256·Published·Cited by 24 cases

Opinion

332 So.2d 427 (1976)

STATE of Louisiana
v.
Lewis E. PAGE, Jr.

No. 57256.

Supreme Court of Louisiana.

May 17, 1976.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Walter L. Sentenn, Jr., Asst. Dist. Atty., for plaintiff-relator.

Peter J. Castano, New Orleans, for defendant-respondent.

*428 CALOGERO, Justice.

This case concerns the appropriate jurisdiction for a district attorney's filing of a petition to have a person declared a habitual offender under the Motor Vehicle Habitual Offender Law, R.S. 32:1471 et seq. That law, passed by the Legislature in 1972, provides for an order by a court, after determination that a driver is a habitual offender, directing him not to operate a motor vehicle on Louisiana highways, and requiring him to surrender his license to operate a motor vehicle for a minimum period of five years. The act describes an habitual offender as one who has accumulated prescribed numbers[1] of particular, separate and distinct driving offenses committed during a five year period. Should the court adjudge him a habitual offender, he may appeal the judgment as he would other civil actions.[2] But so long as a court judgment prohibiting operation remains in effect, he may not drive a motor vehicle on the public highways and, if he does, he may upon conviction of same, be imprisoned for not less than one nor more than five years. R.S. 32:1480(A).

Acting under the authority of this Act, the district attorney of Orleans Parish filed a petition charging Lewis E. Page, Jr., because he had been found guilty of driving while intoxicated on three occasions (once in September of 1972 and again in July and December of 1974) and had forfeited bond on a charge of driving with license suspended (in 1974),[3] with being a habitual offender under the Motor Vehicle Habitual Offender Law. Because the Act directs the district attorney to file the petition "in the criminal district court for the parish wherein such person resides" R.S. 32:1474, the district attorney of Orleans Parish filed the petition in the Criminal District Court for Orleans Parish, the parish of defendant's residence. Defendant thereupon filed a motion to quash the petition on the ground that the Criminal District Court for Orleans Parish (referred to hereinafter as the Criminal District Court) had no jurisdiction over the proceeding, which, he asserted, was a civil matter. The trial judge granted the motion to quash and we thereupon granted writs upon the state's application.[4] 332 So.2d 432 (La.1976).

If this lawsuit is indeed a criminal matter, then the Criminal District Court certainly has jurisdiction. In that instance, not only is the matter generally within the province of the Criminal District Court, but also the Act has specified the Criminal District Court as the forum in which to bring the action. If the lawsuit is a civil matter, however, the Act may or may not (depending, possibly, upon the margin of the vote of the Legislature, as will be discussed hereinafter) be constitutionally sufficient to place jurisdiction in the Criminal District Court. Thus the first question we must resolve *429 is whether a license revocation proceeding under the Motor Vehicle Habitual Offender Act is a criminal or civil matter.

Factors which militate in favor of the conclusion that the proceeding is civil are these:

1) The Act directs that the petition be filed, not in the parish where the offenses were committed, as would be the case in a criminal action (La.Const. art. I, § 16 (1974); C.Cr.P. art. 611) or a criminal enhancement proceeding [R.S. 15:529.1(D)], but in the parish of the defendant's residence.
2) An appeal taken from any final action or judgment entered under the provisions of the Act is in the same manner and form as appeals in civil actions. R.S. 32:1478.
3) The fundamental purpose of the Act is to promote highway safety by denying driving privileges to habitual traffic law offenders (32:1471), a distinctly non-criminal objective.

One purpose of the Act is, of course, to discourage repetition of criminal acts, but this alone is not sufficient to give the Act a penal character since deterrence of wrongful criminal conduct while often an object of criminal statutes may be an objective of a regulatory statute as well. See McDermott v. Wisconsin, 228 U.S. 115, 33 S.Ct. 431, 57 L.Ed. 754 (1913); United States v. Kordel, 164 F.2d 913 (7th Cir. 1947), aff'd, 335 U.S. 345, 69 S.Ct. 106, 93 L.Ed. 52 (1948).

There are, of course, features of the Act not now before us which are penal, or criminal. For instance, 32:1480 may result in imprisonment for driving while classified as a habitual offender. However, this is an independent feature of the Act separate and distinct from the revocation proceeding.

The two appellate courts in this state which have reviewed the statute have determined that the revocation proceeding is indeed a civil action. State v. Free, 321 So.2d 50 (La.App.3rd Cir. 1975) writs refused, 325 So.2d 272; State v. Love, 312 So.2d 675 (La.App.2nd Cir. 1975), writs refused, 317 So.2d 627. In State v. Love, supra. at 677, the Second Circuit held that the revocation proceeding was a civil matter for these reasons:

"The Motor Vehicle Habitual Offender Law authorizes both civil and criminal proceedings against a person related to his operation of a motor vehicle. The initial suit to have a person declared an habitual offender and to revoke his license is a civil matter. It does not involve loss of liberty or threat of incarceration, but its object is the protection of the public in removing from the highways a dangerous driver. R.S. 32:1474-78. On the other hand, two additional proceedings authorized by R.S. 32:1480 and 1481, which may result in enhancement of statutory penalties and imprisonment for driving while classified as an habitual offender, are clearly criminal actions. A previous civil declaration of habitual offender status is essential to the success of any subsequent criminal proceeding, but such prosecutions are necessarily separate and distinct from the civil revocation proceeding."

The Supreme Courts of two other states which have passed habitual traffic offender laws similar to ours have held that the revocation proceedings under their acts are civil actions. State v. Bowles, 113 N.H. 571, 311 A.2d 300 (1973); State v. Perreault, 113 N.H. 588, 311 A.2d 303 (1973); Huffman v. Commonwealth, 210 Va. 530, 172 S.E.2d 788 (1970). See Ferguson v. Gathright, 485 F.2d 504 (4th Cir. 1973) cert. denied 415 U.S. 933, 94 S.Ct. 1447, 39 L.Ed.2d 491, 26 Wash. & Lee L.Rev. 271 (1969).

Furthermore, proceedings to revoke a local license to drive a motor vehicle are generally regarded as civil proceedings. *430 See Commonwealth, Department of Transportation, etc. v. James, 6 Pa.

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