256 A.2d 421 | D.C. | 1969
By a suspension order of November 30, 1967, a Permit Control Officer of the Driver Improvement Section, District of Columbia Department of Motor Vehicles, suspended petitioner’s operator’s permit and privileges
At the time of hearing before the Permit Control Officer, petitioner, without citation of authority, challenged the jurisdiction of the administrator to conduct the suspension hearing
Petitioner’s contention is that “the Juvenile Court is the only tribunal where petitioner could have been tried” on the charge of driving a motor vehicle while under the influence of intoxicating liquor. Such contention misses the point. As the Permit Control Officer correctly observed: “Our primary function here is to determine whether he [petitioner] is a safe and proper person to remain [operat
The evidence presented through the testimony of the arresting officer revealed that when stopped for a defective tail light, petitioner and the car smelled of alcohol and about ten empty beer cans were visible in the front and back seat areas. When petitioner alighted at the officer’s request he was so unsteady that at times he needed to support himself on the fender. He stated to the officer that he had consumed “six beers at home”. Based on the testimony, there was substantial evidence on which the Permit Control Officer might properly have rested the order of suspension. Accordingly, we are not free, as petitioner asserts, to overturn that decision.
Petitioner also contends that the statement he made to the arresting officer about having consumed “six beers at home” was improperly introduced into evidence at the hearing. His contention is based upon the privilege against self-incrimination and the right to counsel. However, petitioner failed to object when questions calculated to reveal petitioner’s statement to the arresting officer were asked. Moreover, petitioner offered no evidence on which to predicate his present assertion. Accordingly, the record fails to support petitioner’s contention that the admission “was allowed in violation of his constitutional rights.”
Petitioner’s statutory claim that evidence was improperly admitted against him at the hearing rests on D.C.Code 1967, § 11-1586(c).
However, petitioner did inquire on cross-examination of the arresting officer concerning whether he was responsible for seizing petitioner’s permit and turning it over to the Department of Motor Vehicles along with the facts relative to the incident. The officer responded that he and the juvenile officer were responsible for such actions. At this point, and only by way of final comment, counsel for petitioner observed that it was “a crime for anyone who receives information in the course of his duty to turn it over to any agent without the court’s permission. So, obviously, we have a conflict of [between] two statutes.”
Taking that observation as another objection aimed at jurisdiction, and assuming without deciding the applicability of § 11-1586 (c), supra, to such proceedings,
Petitioner’s remaining contention deals with a statement by the arresting officer that petitioner refused to give a urine specimen. Immediately after hearing of petitioner’s statement about drinking “six beers at home” the Permit Control Officer asked: “Was there a chance of [a]' urine specimen being taken?” The arresting officer replied: “No sir. Refused.” No-further testimony was given on the subject. In View of the testimony relating to the odoriferous condition of the car and petitioner, his unsteady condition, and an unchallenged admission that he had earlier consumed a substantial quantity of beer, we conclude that such reference to petitioner’s refusal was not of sufficient magnitude to fatally infect the fairness of the hearing. Accordingly, the order of suspension is
Affirmed.
. Petitioner was a child seventeen years of age. See D.C.Code 1967, § 16-2301. At the time of the hearing petitioner was awaiting disposition of a petition filed against him in Juvenile Court arising out of the incident in question.
. Such conduct was alleged to have amounted to operation of a motor vehicle in such a manner as to show a flagrant disregard for the safety of persons or property. See Part V, Section 5(a), Traffic and Motor Vehicle Regulations.
.Beginning on its effective date, October 21, 1969 the District of Columbia Administrative Procedure Act, D.C.Code, §q 1-1501 et seq., permits immediate review of such an unsuccessful challenge to jurisdiction by this Court unless the Court shall otherwise defer decision. D.C. Code 1967, § 1-1510, (1969 Supp. II).
. Commonwealth v. Cronin, 336 Pa. 469, 9 A.2d 408, 125 A.L.R. 1455 (1939).
. It would indeed strain reason to conclude, in the absence of express legislative intent, that Congress intended, for the sake of safety in the streets, to permit suspension, pendente lite, of an adult’s driver’s license hut not that of a juvenile.
. That section provides:
“Whoever, except for the purposes permitted and in the manner provided by subsections (a) and (b) of this section, discloses, receives, or makes use of, or authorizes, knowingly permits, participates in, or acquiesces in, the use of information concerning a juvenile before the court, directly or indirectly derived from the records, papers, files, or communications of the court, or acquired in the course of official duties, upon conviction thereof, shall be guilty of a misdemeanor, and shall be fined not more than $100 or imprisoned not more than ninety days, or both.”
. See D.C.Code 1967, § 40-609 (e), Stuart v. District of Columbia, D.C.Mun.App., 157 A.2d 294 (1960) and Davis v. District of Columbia, D.C.App., 247 A.2d 417 (1968). But cf. Schmerber v. California, 384 U.S. 757, 771, 86 S.Ct. 1826, 16 L.Ed. 2d 908 (1966).