Maryland Montgomery County MVA Driving Intoxicated Influence Alcohol Conviction Motor Vehicle Lawyers Attorneys

THOMAS MICHAEL BRODIE v

THOMAS MICHAEL BRODIE v. MOTOR VEHICLE ADMINISTRATION OF MARYLAND

COURT OF APPEALS OF MARYLAND

December 3, 2001, Filed

Thomas Michael Brodie, a resident of Montgomery County, Maryland, is seeking appellate review of a judgment by the Circuit Court for Montgomery County upholding the revocation by the Motor Vehicle Administration ("MVA") of Brodie's license to drive.

The MVA initially revoked Brodie's license on April 21, 1998, for points that he had accumulated on his driving record following a 1997 conviction for driving while intoxicated and convictions for other motor vehicle offenses. On December 24, 1998, Brodie was again arrested for driving while intoxicated, and on September 17, 1999, he was convicted of this offense. The MVA subsequently assessed 12 points against Brodie on his Maryland driving record for this 1999 drunk driving conviction, and on November 2, 1999, it revoked Brodie's license a second time. Brodie requested a hearing before the Office of Administrative Hearings. The administrative law judge upheld the MVA's second revocation of Brodie's license on the grounds (1) that under Maryland Code (1977, 1999 Repl. Vol., 2001 Supp.), 16-404(a)(3)(ii) of the Transportation Article, revocation of an individual's driver's license is required if the individual accumulates 12 points, and (2) that 16-205(a)(1) of the Transportation Article authorizes the MVA to revoke the license of an individual who, inter alia, is convicted "of driving a motor vehicle while under the influence of alcohol." The decision of the administrative law judge became the final administrative decision of the MVA. Brodie filed in the Circuit Court for Montgomery County an action for judicial review of the administrative decision.

Issue:

Whether the MVA is statutorily authorized to revoke a driver's license which hasalready been revoked was raised for the first time in the Circuit Court?

As Chief Judge Bell for the Court recently emphasized in Dept. of Health v. Campbell, 364 Md. 108, 123, 771 A.2d 1051, 1060 (2001), in an action for judicial review of an adjudicatory decision by an administrative agency, a reviewing court ordinarily"may not pass upon issues presented to it for the first time on judicial review and that are not encompassed in the final decision of the administrative agency. Stated differently, a . . . court will review an adjudicatory agency decision solely on the grounds relied upon by the agency." Since Brodie's entire challenge to the administrative decision was based on an issue not raised before the agency, the Circuit Court should have affirmed the administrative decision without reaching the issue. Likewise, we shall uphold the decisions below without reaching the only issue presented to us.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content

Maryland Montgomery County MVA Driving Intoxicated Influence Alcohol Conviction Motor Vehicle Lawyers Attorneys

By: Atchuthan Sriskandarajah

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