 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Motor Vehicle Administration v. Weller12/12/2005
Bell, C. J. Raker Wilner Cathell Harrell Battaglia Greene, JJ.
This case arises out of an Administrative Law Judge's decision, made on behalf of the Motor Vehicle Administration, resulting in the one-year suspension of the Maryland driving privileges of Steven W. Weller, respondent, following a driving incident where respondent refused to submit to a chemical breath test. On May 16, 2004, a police officer stopped the car respondent was driving after seeing the car cross over a set of double yellow lines on the road. Respondent failed the field sobriety tests administered by the police officer and refused to take a chemical breath test to determine the amount of his alcohol consumption. Respondent was issued an Order of Suspension, pursuant to Md. Code (1977, 2002 Repl. Vol., 2005 Supp.), § 16-205.1 of the Transportation Article, for refusing to take the chemical breath test.
Respondent contested this suspension at an administrative show cause hearing conducted by an Administrative Law Judge (ALJ) of the Maryland Office of Administrative Hearings (OAH). The Motor Vehicle Administration (hereinafter, the "Administration" or "Agency"), petitioner, had delegated final administrative decision-making authority in such cases to the OAH, subject to § 16-205.1. Following the hearing, the ALJ found that respondent had violated § 16-205.1 and suspended respondent's Maryland driving privileges for one year. Respondent sought judicial review of the Agency's decision in the Circuit Court for Carroll County. The Circuit Court reversed the Agency's decision and vacated the one-year suspension of respondent's driving privileges.
The Administration then filed a Petition for Writ of Certiorari to this Court and on June 9, 2005, this Court granted certiorari. Motor Vehicle Administration v. Weller, 387 Md. 462, 875 A.2d 767 (2005). In its brief, the Administration presents two questions for our review:
1. "Did the circuit court erroneously rule that preliminary breath test results are inadmissible in an administrative hearing under Transportation Article § 16-205.1, when Transportation Article § 16-205.2 prohibits their use as evidence only in a `court action' or `civil action'?"
2."Did the circuit court improperly substitute its judgment for that of the agency when it reversed and vacated the agency's decision because it found the ALJ did not properly consider Weller's employment as an insurance adjuster and the fact that it had been eight years since his prior test refusal?"
We answer the Administration's questions in the affirmative and reverse the judgment of the Circuit Court for Carroll County. Addressing the first question, we hold that the trial court erred in considering the issue of the admissibility of the preliminary breath test result before the agency. No objection to its admissibility was made, accordingly that issue was not preserved. We shall discuss this matter further, infra.
I. Facts
The evidence before the ALJ reflected that early on the morning of May 16, 2004, Officer Jeffrey Shuster of the Hampstead Police observed a white Chevrolet, driven by respondent, cross over a set of double yellow lines. Officer Shuster stopped the vehicle and identified the driver from his Maryland license as Steven W. Weller, the respondent.
Upon speaking with the respondent, Officer Shuster detected a strong odor of an alcoholic beverage coming from respondent's breath. The officer also observed that respondent had bloodshot and watery eyes. During the stop, respondent admitted to the officer that he had consumed six beers. The officer conducted field sobriety tests and noted that respondent performed poorly on,
Page 1 2 3 4 5 6 7 8 9 10 11 12 Maryland DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|