Council v. Director of Motor Vehicles
Council v. Director of Motor Vehicles
Opinion of the Court
Petitioner, a resident of the District of Columbia, was convicted in Virginia of driving while under the influence of intoxicating liquor and his license was revoked. The order of revocation was certified by the Virginia authorities to the Department of Motor Vehicles of the District of Columbia. The Director, exercising the discretion allowed under the “point system” regulation in cases of certification,
Petitioner contends that the hearing held was improper because the hearing officer refused to consider the facts surrounding, the Virginia conviction, and because of certain alleged procedural irregularities which occurred during the hearing; also, that the Director exceeded his discretion in allowing points to be assessed for the conviction outside the District.
The transcript of the hearing ia void of any of the irregularities claimed by counsel for petitioner. If what counsel' claimed in his oral argument actually did transpire we are unable to see how the transcript would fail to reflect it; absent any such indication we do not consider the argument. As to the refusal of the hearing officer to consider the facts surrounding the Virginia conviction, we have previously said that the purpose of the hearing is not to retry the violation, but to ascertain if there are extenuating circumstances which would justify the retention of the permit in spite of the motorist’s record.
Affirmed.
. Traffic and Motor Vehicle Regulations of the District of Columbia, Part V, § 3.
. Tillman v. Director of Vehicles and Traffic of Dist. of Columbia, D.C.Mun.App., 144 A.2d 922; Ritch v. Director of Vehicles and Traffic of Dist. of Columbia, D.C.Mun.App., 124 A.2d 301.
. Code 1951, §§ 40-302 (a) and 40-609 (d), (e) (Supp. VII)..
. Traffic and Motor Vehicle Regulations, supra, § 6.
.See, e. g., Tichenor v. Magee, 4 N.J. Super. 467, 67 A.2d 895; Howard v. Fletcher, 278 App.Div. 799, 104 N.Y.S.2d 176; Lamb v. Butler, 198 Va. 509, 95 S.E.2d 239.
Concurring Opinion
(concurring).
A matter which gives me concern is the charge in petitioner’s brief that the transcribed report of the hearing is not complete. The charge is made that the hearing officer “operated the transcribing machine at his whim, in turning it on and off, as he saw fit,” with the result that the transcript does not accurately and completely show what occurred at the hearing. This charge is the móre disturbing because we have had similar charges in other appeals of this nature. The Corporation Counsel can neither deny nor admit these charges because no one from that office is present at these hearings.
It is my understanding that at these hearings there is a recording machine which is controlled by the hearing officer, and that the recording is later transcribed by a person who was not present at the hearing. In the instant case the person who transcribed the recording certified “that to the best of my ability, the foregoing is an official and accurate transcript of the testimony taken and proceedings had before the Hearing Officer.” If my understanding of the procedure is correct, all this certificate amounts to is a certification that the recording was accurately transcribed, but is not a certification that the entire hearing was recorded. I feel, and hereafter shall insist, that the hearing officer himself shall certify that the transcript forwarded here is a complete and accurate record of the hearing.
I join in the opinion because petitioner, while insisting that the record is not complete, expressly makes no objection to our considering it.
Reference
- Full Case Name
- Roy Fletcher COUNCIL, Petitioner, v. DIRECTOR OF MOTOR VEHICLES, Agent for the Commissioners of the District of Columbia, Respondent
- Cited By
- 4 cases
- Status
- Published