S.C. Dept. of Motor Veh. v. Holtzclaw

• Decision Date: 19 February 2009
• Docket Number: No. 4505.,4505.
• Citation: 675 S.E.2d 756
• Parties: SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, Appellant, v. Josef Scott HOLTZCLAW, Respondent.
• Court: South Carolina Court of Appeals

675 S.E.2d 756

SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, Appellant, v. Josef Scott HOLTZCLAW, Respondent.

No. 4505.

Court of Appeals of South Carolina.

Heard December 11, 2008.

Decided February 19, 2009.

Rehearing Denied May 4, 2009.

Frank L. Valenta, Jr., of Blythewood, for Appellant.

Steve Wayne Sumner, of Greenville, for Respondent.

HEARN, C.J.

Department of Motor Vehicles (DMV) appeals the Administrative Law Court's (ALC) dismissal of its appeal from the South Carolina Division of Motor Vehicle Hearings (DMVH). DMV contends the ALC erred in upholding the DMVH Hearing Officer's order rescinding Joseph Holtzclaw's suspended driver's license and designation as a Habitual Offender. We affirm.

FACTS

Holtzclaw was convicted of three separate traffic violations¹ for driving an automobile under a suspended license. Pursuant to sections 56-1-1020 and 56-1-1090 of the South Carolina Code (2006 & Supp.2008), DMV sent Holtzclaw an official notice that, because he had accumulated three violations within a three year period, Holtzclaw had been declared a Habitual Offender, and his driver's license was suspended for five years. DMV also advised Holtzclaw that, pursuant to section 56-1-1030 of the South Carolina Code (Supp.2007), he had the right to a hearing to present cause why he should not be declared a Habitual Offender. Two days before Holtzclaw's suspension was due to begin, he sent notice to the DMVH requesting a hearing. On the following day, Holtzclaw made a motion in municipal court to have the most recent conviction reopened in order to have a new hearing.² The municipal court granted Holtzclaw's motion to reopen the conviction on Ticket 32881DE on the ground that Holtzclaw "was uninformed of the ramifications of entering a plea without consultation with his attorney." The prosecuting attorney, who was present at Holtzclaw's motion, consented to the reopening, as indicated by the signature on the order. The order also indicated it was issued pursuant to Ishmell v. South Carolina Highway Department, 264 S.C. 340, 215 S.E.2d 201 (1975).

Upon receipt of the municipal court's order to reopen the last ticket, the DMV replied directly to the judge in a letter, stating: "The Department is in receipt of the attached order(s), however, we are unable to process the order due to the following: ... The request to re-open the case does not appear to be timely." The municipal court did not respond to the DMV's communication.

Thereafter, the DMVH held a hearing pursuant to Holtzclaw's request. Holtzclaw testified in support of his motion, and also introduced the municipal court's order reopening his final conviction. Ultimately, the DMVH Hearing Officer rescinded Holtzclaw's driving suspension and found his driving record did not support the requirements for a Habitual Offender because the requisite third conviction for driving on a suspended license was nullified when the municipal court reopened Holtzclaw's final ticket. DMV appealed the Hearing Officer's order to the ALC, which dismissed the appeal. DMV now appeals this determination.

STANDARD OF REVIEW

The DMVH is authorized to hear contested cases arising from the DMV. S.C.Code Ann. § 1-23-660 (Supp.2008). Therefore, the DMVH is an agency under the Administrative Procedures Act. S.C.Code Ann. § 1-23-310 (Supp.2008). Appeals from Hearing Officers must be taken to the ALC. § 1-23-660. Section 1-23-610 of the South Carolina Code (Supp.2008) sets forth the standard of review when the court of appeals is sitting in review of a decision by the ALC on an appeal from an administrative agency. "The review of the administrative law judge's order must be confined to the record." S.C.Code Ann. § 1-23-610(C). The court of appeals may reverse or modify the decision only if substantive rights of the appellant have been prejudiced because the decision is clearly erroneous in light of the reliable and substantial evidence on the whole record, arbitrary or otherwise characterized by an abuse of discretion, or affected by other error of law. Id.

LAW/ANALYSIS

DMV asserts the ALC erred in upholding the Hearing Officer's order rescinding Holtzclaw's suspended driver's license. DMV maintains that under section 22-3-1000 of the South Carolina Code (2007), the municipal court lacked jurisdiction to hear a motion to reopen Holtzclaw's third conviction. We agree; nevertheless, we affirm the ALC's dismissal of DMV's appeal.

Sections 56-1-1020 and 56-1-1090 of the South Carolina Code (2006 & Supp.2008), provide a person will be deemed a Habitual Offender if he or she is convicted of the requisite number of offenses during a three year period, and will lose driving privileges for five years from the date of that determination:

An [sic] habitual offender shall mean any person whose record as maintained by the Department of Motor Vehicles show that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) committed during a three-year period ...:

(a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:

...

(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked....

§ 56-1-1020.

As described above, Holtzclaw was convicted of three violations of driving on a suspended license within a five month period. Consequently, the DMV was correct to send Holtzclaw an official notice of his impending declaration as a Habitual Offender. In addition, Holtzclaw was within his rights to request a contested hearing before the DMVH regarding that status determination made by the DMV. See S.C.Code Ann. § 56-1-1030 (Supp.2008).

However, the record reveals Holtzclaw appeared and pled guilty in municipal court to the third driving violation on March 16, 2006. Magistrates generally have jurisdiction over traffic offenses that are subject to the penalties of either fine or forfeiture not exceeding $500 or imprisonment not exceeding thirty days. See S.C.Code Ann. § 22-3-550 (2008). Similarly, a municipal court presumptively has jurisdiction over traffic offenses and criminal cases to the same extent as that conferred on magistrates. See S.C.Code Ann. § 14-25-45 (Supp.2008). Moreover, under section 22-3-1000 of the South Carolina Code (2007), a motion for a new trial from a case heard by a magistrate may not be heard unless made within five days from the rendering of the judgment.

As established in section 14-25-45, the municipal court in this case clearly had subject matter jurisdiction to hear a general motion to reopen a conviction of a driving violation. "Subject matter jurisdiction refers to the court's power to hear and determine cases of the general class to which the proceedings in question belong." Great Games, Inc. v. S.C. Dep't of Revenue, 339 S.C. 79, 83 n. 5, 529 S.E.2d 6, 8 n. 5 (2000) (citations omitted); see also State v. Gentry, 363 S.C. 93, 610 S.E.2d 494 (2005).

The municipal court's order to reopen reflects Holtzclaw made his motion on May 2, 2006, outside of the five days allowed under section 22-3-1000. By virtue of that statute, DMV contends the city judge had lost authority to consider Holtzclaw's motion for a new trial; therefore, the order reopening the case is void. "A void judgment is one that from its inception, is a complete nullity and is without legal effect and must be distinguished from one which is merely `voidable.'" Thomas & Howard Co., Inc. v. T.W. Graham & Co., 318 S.C. 286, 291, 457 S.E.2d 340, 343 (1995) (citation omitted).

The situation here is analogous to the issue before the supreme court in State v. Campbell, 376 S.C. 212, 656 S.E.2d 371 (2008). In Campbell, a defendant pled guilty to several charges; however, the defendant later refused to testify at his co-defendant's trial, pursuant to his plea agreement. Id. at 214-15, 656 S.E.2d at 372. The State moved to vacate the defendant's sentence, but did not do so within ten days of defendant's sentencing, or the completion of his co-defendant's trial. Id. The plea judge allowed the motion, and re-sentenced the defendant. Id. at 215, 656 S.E.2d at 373. On appeal, the defendant/appellant maintained the plea judge lacked subject matter jurisdiction to hear the State's motion outside of the ten days provided in Rule 29, SCRCrimP. Campbell, 376 S.C. at 215, 656 S.E.2d at 373.

The supreme court discussed Rule 29's temporal restriction within the more general rule that a trial judge is without jurisdiction to consider a criminal matter once the term of court, during which judgment was entered, expires. Campbell, 376 S.C. at 215, 656 S.E.2d at 373; State v. Hinson, 303 S.C. 92, 399 S.E.2d 422 (1990). While affirming that the ten day limitation is jurisdictional, and ultimately reversing the plea judge's consideration of the State's motion outside of time, the supreme court emphatically stated the rule did not involve subject matter jurisdiction. Campbell, 376 S.C. at 216-17, 656 S.E.2d at 373-74. "When [the supreme court] used the `lack of jurisdiction' language, [it] meant that the trial court simply no longer has the power to act in a particular manner because the term of court has ended." Id. at 216, 376 S.E.2d at 373. This, the court said, is more in line with the evolution of this state's jurisprudence regarding jurisdiction since the Gentry decision. Id. (citing Gentry, 363 S.C. 93, 610 S.E.2d 494).

We find the period of time for motions for new trials prescribed in section 22-3-1000 is similar to the ten day limit in Rule 29 and discussed in Campbell. Consequently, if the municipal court erred in entertaining Holtzclaw's motion to reopen his case, this was an error of the municipal court's exercise of jurisdiction, and does not implicate its general grant of subject matter jurisdiction. "[W]hen there is jurisdiction of the person and subject matter, the decision of all other questions arising in ...