Beyer v. State (In re Driver's License Suspension of George Jay Beyer)

• Decision Date: 04 June 2013
• Docket Number: No. 39886.,39886.
• Citation: 155 Idaho 40,304 P.3d 1206
• Court: Idaho Court of Appeals
• Parties: In the Matter of the Driver's License Suspension of George Jay BEYER, Jr. George Jay Beyer, Jr., Petitioner–Appellant, v. State of Idaho, Transportation Department, Respondent.

155 Idaho 40

304 P.3d 1206

In the Matter of the Driver's License Suspension of George Jay BEYER, Jr.

George Jay Beyer, Jr., Petitioner–Appellant,

v.State of Idaho, Transportation Department, Respondent.

No. 39886.

Court of Appeals of Idaho.

June 4, 2013.

Review Denied Aug. 15, 2013.

Clark & Feeney, Lewiston, for appellant. Charles M. Stroschein argued.

Hon. Lawrence G. Wasden, Attorney General; Edwin L. Litteneker, Special Deputy Attorney General, Lewiston, for respondent. Edwin L. Litteneker argued.

MELANSON, Judge.

George Jay Beyer, Jr. appeals from the district court's decision upon judicial review affirming the Idaho Transportation Department's order suspending Beyer's driver's license after he failed a breath alcohol concentration test. For the reasons set forth below, we affirm.

I.FACTS AND PROCEDURE

Beyer was stopped in November 2010 for making an illegal right turn while driving a vehicle. I.C. § 49–644(1). The officer who stopped Beyer noticed a smell of alcohol coming from the vehicle and that Beyer's eyes were glassy and bloodshot. Beyer admitted to consuming alcohol prior to driving and the officer conducted standard field sobriety tests. After observing Beyer's performance, the officer arrested Beyer for driving under the influence. A breath test showed that Beyer's breath alcohol concentration was above the legal limit. Beyer was served with a notice of administrative suspension of his driver's license due to his failure of the breath test. Following his arrest, Beyer requested a hearing before a hearing officer from the Idaho Transportation Department (ITD) to contest the license suspension. At the hearing, Beyer argued that his driver's license should not be suspended. The hearing officer sustained the suspension of Beyer's license. Beyer appealed to the district court. The district court affirmed the hearing officer's decision. Beyer again appeals.¹

II.STANDARD OF REVIEW

The Administrative License Suspension statute, I.C. § 18–8002A, requires that the ITD suspend the driver's license of a driver who has failed a blood alcohol concentration test administered by a law enforcement officer. A person who has been notified of such an administrative license suspension (ALS) may request a hearing before a hearing officer designated by the ITD to contest the suspension. I.C. § 18–8002A(7). The hearing officer must uphold the suspension unless he or she finds, by a preponderance of the evidence, that the driver has shown one of several grounds, enumerated in I.C. § 18–8002A(7)(a)–(e), for vacating the suspension. The burden of proof rests upon the driver to prove any of the grounds to vacate the suspension. I.C. § 18–8002A(7) ; Kane v. State, Dep't of Transp., 139 Idaho 586, 590, 83 P.3d 130, 134 (Ct.App.2003). Once the driver has made an initial prima facie showing of evidence proving some basis for vacating the suspension, the burden shifts to the state to rebut the evidence presented by the driver. See Kane, 139 Idaho at 590, 83 P.3d at 134.

A license suspension may be vacated if "the peace officer did not have legal cause to stop the person." I.C. § 18–8002A(7)(a). A license suspension may also be vacated if the tests for alcohol concentration "administered at the direction of the peace officer were not conducted in accordance with the requirements" of I.C. § 18–8004(4). I.C. § 18–8002A(7)(d). Pursuant to I.C. § 18–8004(4), the Idaho State Police (ISP) is charged with promulgating standards for administering tests for breath alcohol content. State v. DeFranco, 143 Idaho 335, 337, 144 P.3d 40, 42 (Ct.App.2006). To carry out the authority conferred by that statute, the ISP issued operating manuals as well as Standard Operating Procedure (SOP) establishing procedures for the maintenance and operation of breath testing equipment.² In re Mahurin, 140 Idaho 656, 658, 99 P.3d 125, 127 (Ct.App.2004). Noncompliance with these procedures is a ground for vacating an ALS under I.C. § 18–8002A(7)(d). Mahurin, 140 Idaho at 658–59, 99 P.3d at 127–28. The ISP SOP for breath alcohol testing provide that, "prior to evidentiary breath alcohol testing, the subject/individual should be monitored for at least fifteen (15) minutes.... During the monitoring period the subject/individual should not be allowed to smoke, drink, eat, or belch/burp/vomit/regurgitate." SOP 6.1 (Nov. 1, 2010). The SOP also provides that, "during the monitoring period, the Operator must be alert for any event that might influence the accuracy of the breath alcohol test." Id. at 6.1.4.³

An ITD administrative hearing officer's decision to uphold the suspension of a person's driver's license is subject to challenge through a petition for judicial review. I.C. § 18–8002A(8) ; Kane, 139 Idaho at 589, 83 P.3d at 133. The Idaho Administrative Procedures Act (IDAPA) governs judicial review of the ITD decisions to deny, cancel, suspend, disqualify, revoke, or restrict a person's driver's license. See I.C. §§ 49–201, 49–330, 67–5201(2), 67–5270. In an appeal from the decision of the district court acting in its appellate capacity under the IDAPA, this Court reviews the agency record independently of the district court's decision. Marshall v. Idaho Dep't of Transp., 137 Idaho 337, 340, 48 P.3d 666, 669 (Ct.App.2002). This Court does not substitute its judgment for that of the agency as to the weight of the evidence presented. I.C. § 67–5279(1) ; Marshall, 137 Idaho at 340, 48 P.3d at 669. This Court instead defers to the agency's findings of fact unless they are clearly erroneous. Castaneda v. Brighton Corp., 130 Idaho 923, 926, 950 P.2d 1262, 1265 (1998) ; Marshall, 137 Idaho at 340, 48 P.3d at 669. In other words, the agency's factual determinations are binding on the reviewing court, even where there is conflicting evidence before the agency, so long as the determinations are supported by substantial and competent evidence in the record. Urrutia v. Blaine County, ex rel. Bd. of Comm'rs, 134 Idaho 353, 357, 2 P.3d 738, 742 (2000) ; Marshall, 137 Idaho at 340, 48 P.3d at 669. Substantial evidence is such relevant evidence as a reasonable mind might accept to support a conclusion. Kinney v. Tupperware Co., 117 Idaho 765, 769, 792 P.2d 330, 334 (1990). Substantial evidence is more than a scintilla, but less than a preponderance. Id.

This Court may overturn an agency's decision where its findings, inferences, conclusions, or decisions: (a) violate statutory or constitutional provisions; (b) exceed the agency's statutory authority; (c) are made upon unlawful procedure; (d) are not supported by substantial evidence in the record; or (e) are arbitrary, capricious, or an abuse of discretion. I.C. § 67–5279(3). The party challenging the agency decision must demonstrate that the agency erred in a manner specified in I.C. § 67–5279(3) and that a substantial right of that party has been prejudiced. Price v. Payette County Bd. of County Comm'rs, 131 Idaho 426, 429, 958 P.2d 583, 586 (1998) ; Marshall, 137 Idaho at 340, 48 P.3d at 669.

III.ANALYSIS

A. Legal Cause for Stop

Beyer argues that the arresting officer lacked legal cause to stop Beyer's vehicle. A traffic stop by an officer constitutes a seizure of the vehicle's occupants and implicates the Fourth Amendment's prohibition against unreasonable searches and seizures. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395–96, 59 L.Ed.2d 660, 667 (1979) ; State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). Under the Fourth Amendment, an officer may stop a vehicle to investigate possible criminal behavior if there is a reasonable and articulable suspicion that the vehicle is being driven contrary to traffic laws. United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 694–95, 66 L.Ed.2d 621, 628–29 (1981) ; State v. Flowers, 131 Idaho 205, 208, 953 P.2d 645, 648 (Ct.App.1998). The reasonableness of the suspicion must be evaluated upon the totality of the circumstances at the time of the stop. State v. Ferreira, 133 Idaho 474, 483, 988 P.2d 700, 709 (Ct.App.1999). The reasonable suspicion standard requires less than probable cause but more than mere speculation or instinct on the part of the officer. Id. An officer may draw reasonable inferences from the facts in his or her possession, and those inferences may be drawn from the officer's experience and law enforcement training. State v. Montague, 114 Idaho 319, 321, 756 P.2d 1083, 1085 (Ct.App.1988). Suspicion will not be found to be justified if the conduct observed by the officer fell within the broad range of what can be described as normal driving behavior. Atkinson, 128 Idaho at 561, 916 P.2d at 1286.

Beyer asserts that his conduct fell within the broad range of what can be described as normal driving behavior. We first note that failure to do what is required by the statute cannot be said to fall within the normal range of driving behavior even if it is shown that the statute is frequently violated. Beyer argues that I.C. § 49–644(1) does not require a driver to turn into the right, or nearest lane, rather than drive directly into the left lane of a four-lane road consisting of two lanes in each direction. The interpretation of a statute is an issue of law over which we exercise free review. Aguilar v. Coonrod, 151 Idaho 642, 649–50, 262 P.3d 671, 678–79 (2011). Such interpretation must begin with the literal words of the statute; those words must be given their plain, usual, and ordinary meaning; and the statute must be construed as a whole. Verska v. Saint Alphonsus Reg'l Med. Ctr., 151 Idaho 889, 893, 265 P.3d 502, 506 (2011). It is well established that, where statutory language is unambiguous, legislative history and other extrinsic evidence should not be consulted for the purpose of altering the clearly expressed intent of the legislature. Id. Only where a statute is capable of more than one conflicting construction is it said to be ambiguous and invoke the rules of statutory construction. L & W Supply Corp. v. Chartrand Family...