Huggins v. ALABAMA DEPT. OF PUBLIC SAFETY
Huggins v. ALABAMA DEPT. OF PUBLIC SAFETY
Opinion
William Huggins appeals from a dismissal with prejudice of his complaint against the Alabama Department of Public Safety ("DPS") by the Mobile Circuit Court for lack of subject-matter jurisdiction. We affirm.
Huggins's driver's license was suspended in 1999 by DPS for 7 years and 90 days pursuant to §
On September 25, 2002, Huggins filed a declaratory-judgment action seeking clarification of the meaning of §
Huggins contends that his suit is proper under the Declaratory Judgment Act, §
However, "an action for a declaratory judgment was never intended to be used as a substitute for an appeal." Howle v.Alabama State Milk Control Bd.,
Mitchell,"We, of course, now take notice of the act of the recent legislature, which provides that the remedy provided by the Declaratory Judgment Act `shall not be construed by any court as an unusual or extraordinary one but shall be construed to be an alternative or cumulative remedy.' Act No. 604, General Acts 1947, p. 444, Code, Cum. Sup., Title 7, § 167. But, without considering the effect of this amendment to the original act on the heretofore established rule, it is clear that it was not thereby contemplated that a proceeding in declaratory judgment be substituted for the remedy of appeal, certiorari or mandamus as the method of direct review of the judgments, decrees or orders of a judicial nature, respectively, of lower courts, bureaus, departments, or the directors or administrators thereof. We know of no case, have been cited to none, and can conceive of no situation which would warrant one as would authorize the use of the act as a method of appeal or *Page 340 appellate review to obtain an original declaration of rights between parties in matters solely appellate."
Furthermore, as the Court stated in Howle: "When a special statutory procedure has been provided as an exclusive method of review for a particular type case, no other statutory review is available." Howle,
Section
"[t]he director [of DPS], or his or her agent, shall make a determination [as to whether a person's license should be suspended for driving while intoxicated] pursuant to subsections (a) and (b) . . ., and this determination shall be final unless an administrative review is requested under Section
32-5A-306 [, Ala. Code 1975,] or a hearing is held under Section32-5A-307 [, Ala. Code 1975]."
(Emphasis added.) Section
"Any person who has received a notice of intended suspension pursuant to Section
32-5A-303 [, Ala. Code 1975,] or a notice of suspension pursuant to Section32-5A-302 [, Ala. Code 1975,] . . . may request an administrative hearing. A request for an administrative hearing shall be . . . mailed and postmarked within 10 days of the notice of intended suspension issued pursuant to Section32-5A-303 or the notice of intended suspension issued pursuant to Section32-5A-302 . . . . Failure to request an administrative hearing within 10 days shall constitute a waiver of the person's right to an administrative hearing and judicial review under this article."
(Emphasis added.)
As stated above, it is undisputed that Huggins did not request either an administrative review or an administrative hearing concerning DPS's suspension of his license in 1999. Sections
Finally, §
"Within 30 days of the issuance of the final determination of the department following a hearing under Section
32-5A-307 , a person aggrieved by the determination shall have the right to file a petition in the circuit court of the county where the arrest was made for judicial review."
Huggins's challenge to the determinations herein at issue comes approximately two and one-half years after those determinations, and it was not initiated utilizing the administrative procedure required by §§
AFFIRMED.
YATES, P.J., and CRAWLEY, THOMPSON, and PITTMAN, JJ., concur.
"(a) A driving privilege suspension shall become effective 45 days after the person has received a notice of intended suspension as provided in Section
32-5A-303 , [Ala. Code 1975,] or is deemed to have received a notice of suspension by mail as provided in Section32-5A-302 [, Ala. Code 1975,] if no notice of intended suspension was served."(b) The period of driving privilege suspension under this section shall be as follows:
"(1) Ninety days if the driving record of a person shows no prior alcohol or drug-related enforcement contacts during the immediately preceding five years.
"(2) One year if the driving record of a person shows one prior alcohol or drug-related enforcement contact during the immediately preceding five years.
"(3) Three years if the driving record of a person shows two or three alcohol or drug-related enforcement contacts during the immediately preceding five years.
"(4) Five years if the driving record of a person shows four or more alcohol or drug-related enforcement contacts during the immediately preceding five years.
"(5) For purposes of this section, `alcohol or drug-related enforcement contacts' shall include any suspension under this article, any suspension or revocation entered in this or any other state for a refusal to submit to chemical testing under an implied consent law, and any conviction in this or any other state for a violation which involves driving a motor vehicle while having an unlawful percent of alcohol in the blood, or while under the influence of alcohol or drugs, or alcohol and drugs except that no more than one alcohol or drug-related contact on any one DUI [driving under the influence] arrest may be considered by the department in determining the period of suspension."
"If a person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in subsection (a) of this section, none shall be given, but the Director of Public Safety, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer, shall, on the first refusal, suspend his license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident; or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director shall deny to the person the issuance of a license or permit, for a period of 90 days, subject to review as hereinafter provided. For a second or subsequent refusal of such test within a five-year period, the director, upon said receipt of a sworn report, shall suspend his license or permit to drive, or the privilege of driving a motor vehicle on the highways of this state given to a nonresident for a period of one year; or if the person is a resident without a license or permit to operate a motor vehicle in this state, the director shall deny to the person the issuance of a license or permit, for a period of one year subject to review as hereinafter provided. If such person is acquitted on the charge of driving a motor vehicle upon the highways of this state while under the influence of intoxicating liquor, then in that event the Director of Public Safety may, in his discretion, reduce said period of suspension."
"Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder."
Reference
- Full Case Name
- William R. Huggins v. Alabama Department of Public Safety.
- Cited By
- 5 cases
- Status
- Published