Matheson v. Secretary of State

Decision Date29 August 1988
Docket NumberDocket No. 100263
PartiesMark MATHESON, Petitioner-Appellee, v. SECRETARY OF STATE, State of Michigan, Respondent-Appellant.
CourtCourt of Appeal of Michigan — District of US

Page 31

428 N.W.2d 31
170 Mich.App. 216
Mark MATHESON, Petitioner-Appellee,
v.
SECRETARY OF STATE, State of Michigan, Respondent-Appellant.
Docket No. 100263.
Court of Appeals of Michigan.
Submitted April 6, 1988.
Decided July 19, 1988.
Released for Publication Aug. 29, 1988.

Page 32

[170 Mich.App. 217] Zabel, Quail & Ryan, P.C. by Stephen M. Ryan, Birmingham, for petitioner-appellee.

Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., and Robert J. Eisenberg and Errol R. Dargin, Asst. Attys. Gen., for respondent-appellant.

Before HOLBROOK, P.J., and MacKENZIE and BAGULEY, * JJ.

MacKENZIE, Judge.

Respondent appeals as of right from a circuit court order directing respondent to obey an order of the 48th District Court which requires respondent to issue petitioner a restricted driver's license in connection with his 1986 plea-based conviction for driving under the influence of [170 Mich.App. 218] liquor (OUIL), M.C.L. Sec. 257.625(1); M.S.A. Sec. 9.2325(1). We reverse.

In 1981, petitioner pled guilty to OUIL in 54-B District Court. He did not appeal that conviction. In 1985, petitioner was arrested and charged with OUIL, second offense. During the proceedings in 48th District Court for this offense, petitioner collaterally attacked his 1981 conviction as constitutionally infirm. The district court reviewed the transcript of petitioner's 1981 guilty plea and concluded that the 54-B District Court had not complied with DCR 1963, 785 and that petitioner had not been advised of his rights as required by People v. Jaworski, 387 Mich. 21, 26, 194 N.W.2d 868 (1972). Petitioner on October 6, 1986, pled guilty to OUIL, first offense, under M.C.L. Sec. 257.625(1); M.S.A. Sec. 9.2325(1). The 48th District Court subsequently issued an order declaring the 1981 OUIL conviction infirm, and directing respondent to issue a restricted driver's license to petitioner.

Respondent disregarded the order and revoked petitioner's driving privileges on the authority of M.C.L. Sec. 257.303; M.S.A. Sec. 9.2003, which provides in pertinent part:

"(2) Upon receipt of the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's license of a person having any of the following convictions ...:

* * *

* * *

Page 33

"(c) Two convictions under section 625(1) [MCL 257.625(1); MSA 9.2325(1) ] ... within 7 years.

* * *

* * *

"(3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order [directing the issuance of a restricted license] issued under section 625...."

Petitioner commenced the instant circuit court [170 Mich.App. 219] action by filing a petition for order to show cause and to enforce the district court order. Following a hearing, the circuit court ordered respondent to honor the district court order and to restore petitioner's restricted driving privileges.

On appeal, respondent contends that M.C.L. Sec. 257.303(2) and (3); M.S.A. Sec. 9.2003(2) and (3), quoted above, empowered the Secretary of State to revoke petitioner's license notwithstanding the district court's order to issue a restricted license. We agree. The duty...

To continue reading

Request your trial
9 cases
  • People v. Grant
    • United States
    • Michigan Supreme Court
    • July 12, 1994
    ...action. Browder v. Int'l Fidelity Ins. Co., 413 Mich. 603, 612 and n. 7, 321 N.W.2d 668 (1982); Matheson v. Secretary of State, 170 Mich.App. 216, 219, 428 N.W.2d 31 (1988). It cannot be gainsaid that the purpose behind M.C.L. § 768.29a(1); M.S.A. § 28.1052(1)(1) is other than to establish ......
  • People v. Yost
    • United States
    • Michigan Supreme Court
    • August 21, 1989
    ...430 Mich. 861 (1988). Agreeing with the approach followed in McKinnon, the Court of Appeals stated in Matheson v. Secretary of State, 170 Mich.App. 216, 220-221, 428 N.W.2d 31 (1988), lv. den. 432 Mich. 878 (1989), that a failure to give Boykin/ Jaworski advice when taking an OUIL plea in 1......
  • People v. Ingram, Docket No. 124840
    • United States
    • Court of Appeal of Michigan — District of US
    • December 17, 1990
    ...plea was not subject to collateral attack on the grounds that Boykin/Jaworski advice was not given), with Matheson v. Secretary of State, 170 Mich.App. 216, 428 N.W.2d 31 (1988), and People v. McKinnon, 139 Mich.App. 362, 362 N.W.2d 809 (1984) (concluding that a misdemeanor conviction is re......
  • People v. Miller, Docket No. 111084
    • United States
    • Court of Appeal of Michigan — District of US
    • December 17, 1990
    ...does not invoke the discretion of the trial court. The duty of courts is to interpret statutes as found. Matheson v. Secretary of State, 170 Mich.App. 216, 219, 428 N.W.2d 31 (1988). Words of a statute are to be given their ordinary, normally accepted meaning. People v. Payne, 180 Mich.App.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT