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JAVED v. DEPARTMENT OF PUBLIC SAFETY7/26/1996
On September 12, 1992, Anchorage Police Officers Culbreth, Dash, and Norsworthy responded to a complaint concerning a disturbance at 3800 Arctic Boulevard. Upon arriving, they found Tariq Javed tied to a post on the property. Javed appeared to be intoxicated. The officers interviewed the three other citizens present.
Chevelle Carrington told Officer Culbreth that she was driving on 36th Avenue when Javed pulled up next to her and began to flirt with her. She said that Javed cut her off twice and followed her into the parking lot at 3800 Arctic. She said that he then got out of the car, yelled at her, and drove off, only to come back to the parking lot on foot a few minutes later.
Officer Culbreth also interviewed Donald Thompson. Thompson stated that he saw Javed yell at Carrington, drive away, and then return.
Officer Dash interviewed Jerome Workman. Workman said that Javed parked his car in the parking lot at 3800 Arctic, got out of his car, and began harassing Carrington. Workman stated that he told Javed to leave. Workman stated that Javed parked his car across the street and walked back to the property. Workman said that he then detained Javed and placed him under citizen's arrest.
The police officers arrested Javed for trespass and driving while intoxicated (DWI). Javed admitted drinking but repeatedly denied driving. The officers searched Javed but did not find any car keys. An intoximeter test showed that Javed's blood alcohol level was above the legal limit.
In the license revocation proceedings, Javed's defense was that he had not been driving. According to Javed, he had become intoxicated while visiting the home of a friend, Muhammad Malik. Malik started to drive Javed home in Javed's car. Malik and Javed got into an argument near 36th Avenue and Arctic. Malik parked the car, took Javed's keys, and walked away. Javed walked into the parking lot at 3800 Arctic, where he became involved in an altercation with Carrington, Thompson and Workman, who ultimately tied him to a post. Malik testified at the revocation proceedings, corroborating Javed's testimony.
Javed's license revocation proceedings were broken up into three hearings. Officers Culbreth and Dash testified, over repeated objections by Javed, about the statements made to them by Carrington, Thompson, and Workman. A written statement by Workman
and written reports describing the statements made by Carrington, Thompson, and Workman were included in Officer Dash's arrest report, which was part of the record before the hearing officer. Javed requested that all witnesses be subpoenaed. After the second hearing, the hearing officer subpoenaed the civilian witnesses. The testimony of the civilian witnesses was never taken at the third hearing, however, because Carrington and Thompson arrived late, after the hearing had been closed, and Workman did not appear at all.
The hearing officer affirmed the license revocation, stating, "The law does not require the officer see the person drive, only to have reasonable grounds to believe that the person drove. I believe reasonable grounds exist in this situation." Javed appealed to the superior court, which affirmed without opinion. Javed then appealed to this court.
In his briefing, Javed asserted essentially that the hearing officer improperly relied upon hearsay evidence and denied him the right to confront and cross-examine witnesses. The State argued that the hearing officer found substantial evidence that the arresting officers had reasonable grounds to believe that Javed had been driving, and that the revocation was therefore lawful.
This court sua sponte ordered su
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