subject: Maryland Montgomery County DUI Driving Influence Probation Judgment Lawyers Attorneys [print this page] MOTOR VEHICLE ADMINISTRATION v. LEONARD JAIGOBIN
COURT OF APPEALS OF MARYLAND
April 6, 2010, Filed
On December 27, 2007, Appellee was charged with driving while under the influence "per se," in violation of 21-902(a)(2) of the Transportation Article. On September 16, 2008, the District Court of Maryland, sitting in Montgomery County, found him guilty of that offense.
After Appellee was found guilty, he accepted "probation before judgment," a disposition authorized by CP 6-220. On October 14, 2008, the Administration mailed to Appellee a "notice of commercial driver's license disqualification." Appellee requested a hearing, which was conducted by an Administrative Law Judge (ALJ) of the Office of Administrative Hearings, who rejected Appellee's argument that a PBJ disposition is not a "conviction" under the applicable state and federal laws. Appellee then filed a petition for judicial review of the ALJ's decision upholding the Administration's action. At the conclusion of a judicial review hearing, the Circuit Court ordered, that the action of the Motor Vehicle Administration be reversed, on the ground that TA 16-803 is (in the words of the Circuit Court) "inconsistent within itself, because . . . a probation before judgment is a vacated adjudication of guilt, not a final unvacated adjudication of guilt." The Administration Appealed by filing a petition for writ of certiorari .
Whether the probation before judgment imposed pursuant to Md. Code Ann., Crim. Proc. 6-220 constituted a "conviction" as that term was defined in Md. Code Ann., Transp. 16-803(d)?
Discussion:
The Court held that "there is no merit in this argument, which ignores the important distinction between a finding that the defendant is guilty of a crime, and the decision to "stay" the entry of a judgment of conviction. While an adjudication of guilt is vacated when the trial court grants the defendant's motion for a new trial, (2) an appellate court vacates the judgment of conviction and remands for further proceedings in the trial court, and/or (3) an appellate court reverses the judgment of conviction and prohibits a retrial, it is clear that Appellee's adjudication of guilt has never been vacated. Appellee received PBJ only after he was found guilty of driving while under the influence of alcohol, and waived his right to appeal that finding. Moreover, the record shows that, in addition to granting PBJ to Appellee, the District Court imposed a fine of $ 1,000 ($ 650 of which was "suspended"). The imposition of a fine or pecuniary penalty payable to the State may only be done by the trial court if there is a 'conviction' which necessarily requires a finding of guilt. We therefore hold that TA 16-812(a)(1)(i), requires that the Administration disqualify Appellee from driving a commercial motor vehicle for a period of 1 year because -- as the term conviction is defined in the applicable state and federal law -- Appellee has been convicted of a violation of TA 21-902.
Conclusion:
The judgment of the circuit court was reversed. The case was remanded to the circuit court with directions that the circuit court enters a judgment affirming the Administration's action.
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 DUI Driving Influence Probation Judgment Lawyers Attorneys
By: Atchuthan Sriskandarajah
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