Motor Vehicle Administration v. Lipella
48 A.3d 803
Md.2012Background
- Lipella's license was suspended for 90 days under §16-205.1(b)(1)(i)(2)(A) after BAC of 0.16;
- Deputy Barnhart stopped Lipella on MD Route 64 for swerving and observed odor of alcohol and slurred speech;
- Lipella failed SFSTs and had a field BAC of 0.16, later confirmed by official breathalyzer;
- DR-15A stated only that the vehicle was stopped on reasonable grounds, lacking specific grounds for the initial stop;
- Lipella sought to challenge the underlying stop as bad faith or insufficiency of grounds, and contested admissibility of evidence;
- Circuit Court reversed ALJ, prompting appeal; the Court of Appeals ultimately remanded to affirm the ALJ’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the DR-15A list underlying stop grounds? | Lipella argues DR-15A must specify the stop grounds. | MVA says grounds for the stop are not required on DR-15A; only grounds for intoxication. | No; DR-15A need only show reasonable grounds to suspect intoxication. |
| Can the underlying stop be raised in bad-faith challenge? | Lipella seeks to prove bad faith in the stop to challenge suspension. | Bad-faith defense must be proven; absent bad faith, the stop not considered. | Bad-faith defense requires proof; absent evidence, stop not invalidated. |
| Is the Alcohol Influence Report admissible to corroborate the MVA prima facie case? | Argues inadmissible if not sworn; contested as corroboration. | Alcohol Influence Report admissible as corroboration under COMAR 11.11.02.10(A). | Alcohol Influence Report properly admitted as corroboration. |
| Is there substantial evidence supporting the ALJ's suspension? | Insufficient documentation of initial stop undermines prima facie case. | DR-15A and BAC results establish prima facie case; corroboration unnecessary. | Yes; evidence supports reasonable grounds to request a breath test and suspend. |
| Did Lipella waive the bad-faith defense by not subpoenaing the deputy? | Lipella could seek bad-faith evidence if given opportunity. | Failing to subpoena or present alternative evidence waives bad-faith challenge. | Waived; no abuse of discretion by ALJ; bad-faith defense not pursued. |
Key Cases Cited
- Motor Vehicle Administration v. Illiano, 390 Md. 265 (Md. 2005) (separation of stop from detention; need not prove stop grounds before intoxication suspicions arise)
- Motor Vehicle Administration v. Richards, 356 Md. 356 (Md. 1999) (underlying stop need not be based on intoxication; bad-faith proof governs admissibility)
- Motor Vehicle Administration v. Shea, 415 Md. 1 (Md. 2010) (ALJ may consider probative evidence to determine reasonable grounds to request a test)
- Motor Vehicle Admin. v. Weller, 390 Md. 115 (Md. 2005) (admission of PBT evidence in license suspension proceedings)
- Motor Vehicle Admin. v. McDorman, 364 Md. 253 (Md. 2001) (hearsay and corroborative evidence support prima facie case in admin hearing)
- Thomas v. Motor Vehicle Admin., 418 Md. 280 (Md. 2011) (Alcohol Influence Report can corroborate or reflect refusal findings)
- Lytle v. Motor Vehicle Admin., 374 Md. 37 (Md. 2003) (DR-15A and BAC readings constitute prima facie evidence)