Najafi v. Motor Vehicle Administration
12 A.3d 1255
| Md. | 2011Background
- Najafi detained on suspicion of DUI in Montgomery County; preliminary BAC test showed .12.
- Officer advised Najafi of administrative sanctions for refusing test; DR-15 form read twice to Najafi.
- ALJ Chapman found Najafi was given a reasonable opportunity to contact counsel before testing and Najafi refused the breath test.
- ALJ concluded Najafi’s refusal triggered §16-205.1 sanctions; license suspended 120 days with ignition interlock option.
- Circuit Court affirmed substantial evidence supporting the ALJ; Najafi sought certiorari to challenge counsel-right and refusal findings.
- Maryland Court of Appeals affirmed, holding Najafi was afforded a reasonable opportunity to consult counsel and there was substantial evidence of refusal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to counsel before testing applies in admin hearing | Najafi argues Sites controls admin context; denial violated due process. | MVA argues Sites applies only to criminal contexts; no remedy in admin hearings. | No explicit Sites remedy required; record showed reasonable opportunity to contact counsel. |
| Was Najafi's refusal supported by substantial evidence | Najafi did not refuse; alleged failure to obtain attorney negated refusal. | Officer’s certification and Forms show Najafi refused after no live attorney contact. | Yes; officer's sworn statements and DR-15 forms constitute substantial evidence of refusal. |
| Due process impact of Sites-Like rights in admin context | Due process requires meaningful counsel access before testing in admin setting. | Administrative process balanced public safety and testing efficiency; no extension of criminal rights. | Dicta; Court held due process satisfied by reasonable opportunity to contact counsel and proper advisement of sanctions. |
Key Cases Cited
- Sites v. State, 300 Md. 702 (1984) (right to consult counsel before testing in criminal context)
- Karwacki, 340 Md. 271 (1995) (credibility of officer's sworn statements; prima facie evidence of refusal)
- Atterbeary, 368 Md. 480 (2002) (Sites rights not per se refusals; separation of counsel right from testing decision)
- Richards, 356 Md. 356 (1999) (constitutional protections limited; license suspension context)
- Hill v. MVA, 415 Md. 231 (2010) (due process requires accurate advisement of sanctions; substantial government interest)
- Forman v. MVA, 332 Md. 201 (1993) (Sites right and formal advisement understood; deference to documentary evidence)
- Lytle, 374 Md. 37 (2003) (due process and implied consent considerations in admin context)
- Shrader, 324 Md. 454 (1991) (public safety goals of drunk-driving laws)