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In re Michael W.12/13/2001
The version of Maryland Code (1977, 1999 Repl. Vol.), § 16-113(b)(1) of the Transportation Article, which was in effect during July 1999, required the Maryland Motor Vehicle Administration to impose a restriction, on the driver's license of an individual under the age of 21 years, which prohibited the licensee from driving "a motor vehicle with an alcohol concentration of 0.02 or more as determined by an analysis of the licensee's blood or breath." Subsection (h) of § 16-113 prohibited an individual from driving a motor vehicle in any manner which violated a restriction on the individual's license.
Prior to September 30, 2001, § 21-902(a)(1) of the Transportation Article provided that a "person may not drive . . . any vehicle while intoxicated." Also prior to September 30, 2001, § 21-902(b) stated that a "person may not drive . . . any vehicle while under the influence of alcohol."
The issue in this case is whether the prohibition against double jeopardy precludes a juvenile delinquency proceeding for an alleged violation of § 21-902(a)(1) or (b), when the defendant had previously been convicted of violating § 16-113(b)(1) and (h), and when both prosecutions were based on the same act of driving.
I.
On July 13, 1999, at approximately 11:00 p.m., Howard County police officer Mark Taylor stopped a motor vehicle driven by Michael W., a seventeen-year-old resident of Howard County. As Officer Taylor was checking Michael W.'s license, he detected the odor of alcohol on Michael W.'s breath. After conducting some field sobriety tests, the officer took Michael W. to the police station where an intoximeter test revealed that Michael W.'s blood alcohol content was 0.09. As a result of the breath test, Officer Taylor issued a citation to Michael W., under § 16-113(b)(1) and (h) of the Transportation Article, for violating a restriction on his license to drive.
On August 24, 1999, Michael W. pled guilty in the District Court of Maryland to the charge of violating § 16-113(b)(1) and (h), and he paid a fine of $50. Shortly thereafter, on September 13, 1999, the State filed in the Circuit Court for Howard County a "Petition For Delinquency," charging that, on July 13, 1999, Michael W. drove "while intoxicated" or "under the influence of alcohol" in violation of § 21-902, that he drove "in violation of a restricted license" in violation of § 16-113, and that he failed "to obey a traffic control device" in violation of § 21-201 of the Transportation Article.
Michael W. filed a motion to dismiss the delinquency petition, arguing that, because of his earlier District Court conviction under § 16-113 for violating the restriction on his license, the first two charges in the delinquency petition constituted a successive prosecution for the same offense and were, therefore, barred by the prohibition against double jeopardy. With regard to the third charge of failing to obey a traffic control device in violation of § 21-201, Michael argued that, if the first two charges were dismissed, the Circuit Court would have no jurisdiction over the § 21-201 charge. See Code (1974, 1998 Repl. Vol.), § 3-804(e)(2) and (f) of the Courts and Judicial Proceedings Article.
After a hearing, the Circuit Court granted Michael W.'s motion and dismissed the petition. The State appealed, arguing that the double jeopardy prohibition did not prohibit the delinquency proceeding on the charge of driving while intoxicated or under the influence of alcohol. While conceding that the Circuit Court's dismissal was correct with respect to the second charge of driving in violation of a restricted license under § 16-113, the State asserted that the dismissal of the first and thi
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