Williams v. West Virginia Dept. of Motor Vehicles
Decision Date | 26 June 1992 |
Docket Number | No. 20660,20660 |
Citation | 187 W.Va. 406,419 S.E.2d 474 |
Parties | Robert WILLIAMS, Plaintiff Below, Appellant, v. WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES, Jane L. Cline, Commissioner, Defendant Below, Appellee. |
Court | West Virginia Supreme Court |
Syllabus by the Court
1. " ' ." Syl. pt. 1, Lee v. West Virginia Teacher's Retirement Board, 186 W.Va. 441, 413 S.E.2d 96 (1991).
2. " .' ." Syl. pt. 2, Lee v. West Virginia Teacher's Retirement Board, 186 W.Va. 441, 413 S.E.2d 96 (1991).
3. " .' Syl. pt. 3, Lee v. West Virginia Teacher's Retirement Board, 186 W.Va. 441, 413 S.E.2d 96 (1991).
4. "The word 'any,' when used in a statute, should be construed to mean any." Syl. pt. 2, Thomas v. Firestone Tire & Rubber Co., 164 W.Va. 763, 266 S.E.2d 905 (1980).
Jeffrey S. Bowers, Sponaugle, Sponaugle & Bowers, Franklin, for appellant.
Mario J. Palumbo, Andrew F. Tarr, Office of the Atty. Gen., Charleston, for appellee.
The appellant, Robert Williams, appeals from the final order of the Circuit Court of Pendleton County, entered August 16, 1991, affirming the ninety-day suspension of appellant's driver's license by the appellee, Jane L. Cline, Commissioner of the West Virginia Department of Motor Vehicles. The appellant is the co-owner of an automobile which was driven upon the roads and highways of this State without security as required by W.Va.Code, 17D-2A-3 [1988]. On appeal, appellant contends that W.Va.Code, 17D-2A-3 [1988] requires that only the driver's license of one joint owner of a vehicle may be suspended when W.Va.Code, 17D-2A-3 [1988] is violated. He asserts that because his wife, who jointly owns the vehicle in question with the appellant, has already served a ninety-day suspension for this violation, the trial court committed reversible error when it affirmed the ninety-day suspension of appellant's driver's license. We hold for the appellant and reverse the final order of the trial court.
On August 25, 1988, Daniel Williams, the son of the appellant, received a citation for speeding in Pendleton County. Daniel Williams was also cited for driving a motor vehicle on the roads or highways of West Virginia without a valid policy of motor vehicle liability insurance. The owners of the vehicle driven by Daniel Williams were his parents: his father, the appellant, and his mother, Donna Williams. Upon realization that the liability insurance on the vehicle had lapsed, the appellant contacted his insurance company and liability insurance on the vehicle was reinstituted on August 31, 1988.
On November 18, 1988, the Commissioner of the West Virginia Department of Motor Vehicles ordered the suspension of the drivers' licenses of the appellant, Donna Williams, and Daniel Williams for ninety days pursuant to the August 25, 1988 citation received by Daniel Williams for driving without valid motor vehicle liability insurance. All three timely requested an administrative hearing regarding their suspensions.
An administrative hearing was held on March 8, 1989, wherein Donna Williams, Daniel Williams, and the appellant testified. The appellant testified that he had not received any notice from his insurance company reminding him that his premium was due, and that he occasionally had problems in receiving mail at his home. 1 There was no testimony as to the expiration date of the prior insurance policy.
On May 15, 1991, the appellee Commissioner issued a final order wherein she found that the appellant "[w]as the owner of a motor vehicle which was driven upon a public highway in this State at a time when the security required by W.Va.Code, 17D-2A-3 was not in effect upon the said vehicle." The appellee's order cited and restated W.Va.Code, 17D-2A-7(a) [1988] as the basis for the suspension of the appellant's driver's license. W.Va.Code, 17D-2A-7(a) [1988] provided, inter alia, that "any" owner of a motor vehicle driven in West Virginia without liability insurance shall have his or her license suspended for ninety days.
The appellee ordered the appellant's driver's license suspended for ninety days. Similarly, the appellee ordered the suspension of Donna Williams' driver's license for ninety days based upon the same infraction. 2 Donna Williams duly surrendered her driver's license for ninety days, but the appellant appealed his suspension to the Circuit Court of Pendleton County.
In an order entered August 6, 1991, the trial court denied the appellant's appeal, stating simply: "The Court finds that Petitioner has failed to produce clear and convincing evidence or conclusions of law in support of his Petition and accordingly, the same is hereby denied and the Order of the Department of Motor Vehicles continues in full force and effect." This appeal followed.
In 1990, the West Virginia legislature amended W.Va.Code, 17D-2A-7(a) by adding a proviso stating: "Provided, That if a motor vehicle is registered in more than one name, the driver license of only one of the owners shall be suspended by the commissioner." The appellant contends that the proviso was a mere clarification of the existing statute, and that the statute had contained the legislative intent expressed by the proviso prior to its addition. The appellee argues, to the contrary, that the addition of the proviso evinces a change in the law. Upon an examination of the statute, we must find for the appellant.
In the recent case of Lee v. West Virginia Teacher's Retirement Board, 186 W.Va. 441, 413 S.E.2d 96 (1991), we discussed our method of interpreting statutes. In syllabus points 1, 2 and 3, we stated:
1. ' Syl. Pt. 3, Shell v. Bechtold, 175 W.Va. 792, 338 S.E.2d 393 (1985).
2. .' Syl. Pt. 2, State ex rel. Fetters v. Hott, 173 W.Va. 502, 318 S.E.2d 446 (1984).
3. .' Syl. pt. 3, State ex rel. Fetters v. Hott, 173 W.Va. 502, 318 S.E.2d 446 (1984).
Our decision in this case turns upon the use of the word "any" in conjunction with the use of the singular, rather than plural tense of the statute. The 1988 version of W.Va.Code, 17D-2A-7(a) states:
Any owner of a motor vehicle subject to the provisions of this article, who fails to have the required security in effect at the time such vehicle is being operated upon the roads...
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