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Motor Vehicle Administration v. Jones3/10/2004
This case arises out of an Administrative Law Judge's decision, made on behalf of the Motor Vehicle Administration, ultimately resulting in the suspension of the Maryland driving privileges of Keith D. Jones, respondent, following a driving incident where respondent refused to submit to a chemical breath test. On October 12, 2002, respondent was forcibly stopped by officers following a police chase where respondent attempted to drive his car the wrong way on Interstate Route 95 toward the Fort McHenry Tunnel. Respondent, who failed field sobriety tests, was issued an Order of Suspension, pursuant to Md.Code (1977, 1999 Repl.Vol., 2003 Supp.), § 16-205.1 of the Transportation Article, [FN1] for refusing to take a chemical breath test to determine his amount of alcohol consumption.
FN1. Hereinafter, unless noted otherwise, all statutory references are to this section of the Maryland Code.
Respondent contested this suspension at an administrative show cause hearing conducted by an Administrative Law Judge (ALJ), to whom the Motor Vehicle Administration (hereinafter, the "Administration" or "Agency"), petitioner, had delegated final administrative decision-making authority *167 in such cases, pursuant to § 16-205.1. Following a hearing, the ALJ found that respondent had violated § 16-205.1 and respondent's Maryland driving privileges **390 were suspended by the Administration for 120 days. Respondent sought judicial review of the Agency's decision in the Circuit Court for Anne Arundel County. The Circuit Court reversed the Agency's decision and vacated the 120- day suspension of respondent's driving privileges.
The Administration then filed a Petition for Writ of Certiorari to this Court and on October 9, 2003, this Court granted the petition. Motor Vehicle Administration v. Jones, 377 Md. 275, 833 A.2d 31 (2003). In its brief, the Administration presents one question for our review:
"Did the circuit court err in reversing an administrative suspension decision upon its own finding of facts and requiring that the MVA prove a suspected drunk driver was asked to take a chemical breath test within two hours of his apprehension, where the implied consent statute Md.Code Ann., Transp. § 16- 205.1(f) does not impose such a requirement?"
We answer the Administration's question in the affirmative and reverse the judgment of the Circuit Court for Anne Arundel County. We hold that the text of § 16-205.1(f)(7)(i) is clear and unambiguous and limits the issues to be considered by an ALJ in a suspension hearing to the six enumerated issues of § 16-205.1(f)(7)(i)(1-6). As the issue of whether an arresting officer must advise and request a chemical breath test from a suspected drunk driver within two hours of the driver's apprehension is not listed within the § 16- 205.1(f)(7)(i) factors, the ALJ did not have to consider that issue when determining the findings of fact and conclusions of law resulting in the suspension of respondent's driving privileges by the Administration for refusal to take the chemical breath test.
I. Facts
On October 12, 2002, Officer Blair of the Maryland Transportation Authority Police observed a Ford Explorer, driven *168 by respondent, facing sideways across the northbound traffic lanes of Interstate 95 (I-95) at mile marker 56.2, near the Fort McHenry Tunnel. Officer Blair proceeded to pull his cruiser behind the vehicle and activated his lights and siren. Respondent made a U-turn from his position and proceeded to drive south in the northbound lane of Interstate Route 95 in the direction of the Fort McHenry toll booth plaza. He was pursued by the officer. During the chase, respondent veered in front of several oncoming vehicles. At approximately 1:59 p.m., other officers, including Officer W.R. Morningst
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