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One Year CDL License Suspension in Probation before Judgment for Driving Under the Influence
(April 2010) By Kevin M. Cox, Associate
For more information, contact Paul Farquharson.
Motor Vehicle Admin v. Jaigobin,
No. 89 (Md Apr. 6, 2010)
http://mdcourts.gov/opinions/coa/2010/89a09.pdf
In this appeal from the Circuit Court for Montgomery County,
the Court of Appeals of Maryland was presented with the following issue of
statutory interpretation: does a "probation before judgment" ("PBJ") imposed
pursuant to MD. CODE ANN., CRIM. PROC. § 6-220 ("§ 6-220") constitute a
"conviction" as that term is defined in the Maryland Commercial Driver's License
Act (MD. CODE ANN., TRANSP. § 16-803(d))? The Court of Appeals held that the
answer to this question is "yes."
On December 27, 2007, Plaintiff was charged with driving
while under the influence "per se," in violation of MD. CODE ANN., TRANSP. §
21-902(a)(2). On September 16, 2008, the District Court of Maryland for
Montgomery County found Plaintiff guilty of that offense. He accepted PBJ, a
disposition authorized by § 6-220. Then, on October 14, 2008, the Motor Vehicle
Administration ("the Administration") mailed to Plaintiff a "Notice of
Commercial Driver's License Disqualification." Plaintiff requested a hearing,
which was conducted by an Administrative Law Judge ("ALJ") of the Office of
Administrative Hearings, who rejected Plaintiff's argument that a PBJ
disposition is not a "conviction" under the applicable state and federal laws.
Plaintiff then filed a petition for judicial review of the ALJ's decision. The
Circuit Court reversed the Administration's decision on the ground that MD. CODE
ANN., TRANSP. § 16-803 is inconsistent within itself because a PBJ is a vacated
adjudication of guilt and not a final unvacated adjudication of guilt.
Thereafter, the Administration filed a petition for writ of certiorari with the
Court of Appeals.
In 1999, Congress passed the Motor Carrier Safety
Improvement Act, which includes provisions requiring that the holder of a
Commercial Driver's License ("CDL") be prohibited from driving a commercial
motor vehicle if he or she has been convicted of certain violations of a state's
motor vehicle laws. 49 C.F.R. § 383.51 identifies the offenses that "disqualify"
the holder of a CDL from driving a commercial motor vehicle. The Court examined
the definition of the word "conviction" in 49 C.F.R. § 383.5 and MD. CODE ANN.,
TRANSP. § 16-803(d). These statutes define the term "conviction" as meaning an
"unvacated adjudication of guilt."
Plaintiff argued that there was no unvacated adjudication of
guilt in his PBJ. He argued that the District Court's disposition was to strike
his finding of guilt before the entry of judgment. The Court found no merit in
this argument, which ignored the important distinction between (1) a finding
that the defendant is guilty of a crime, and (2) the decision to "stay" the
entry of judgment of conviction. The Court stated that it was clear that
Plaintiff's adjudication of guilt had never been vacated. The Court noted that
Plaintiff received PBJ only after he (1) was found guilty of driving under the
influence of alcohol and (2) waived his right to appeal that finding. Moreover,
the record showed that a fine was imposed of $1,000.00 on Plaintiff. The Court
has previously made it clear that the imposition of a fine payable to the State
may only be done if there is a conviction which necessarily requires a finding
of guilt. Therefore, the Court held that MD. CODE ANN., TRANSP. § 6-812(a)(1)(i)
requires that the Administration "disqualify" Plaintiff from driving a
commercial motor vehicle for a period of one year because – as the term
"conviction" is defined in the applicable state and federal law – plaintiff was
"convicted" of a violation of MD. CODE ANN., TRANSP. § 21-902.
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