State v. Amler (2007-117)
2008 VT 1
[Filed 03-Jan-2008]
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2008 VT 1 |
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Trial Judge: Robert R. Bent |
In the above-entitled cause, the Clerk will enter:
¶ 1. The State appeals from the district court’s dismissal of civil suspension proceedings against defendant. The State claims that the district court abused its discretion by dismissing the proceedings after acknowledging that the court was itself at fault for not scheduling a final hearing before the statutory deadline. The State argues that it was an abuse of discretion for the district court to conclude that its own scheduling failure did not constitute the “good cause” required by statute to avoid dismissal. We affirm.
¶ 2. The relevant facts are not in dispute. On September 6, 2006, the Windsor County State’s Attorney’s Office filed an information charging defendant with driving under the influence of intoxicating liquor, second offense, in violation of 23 V.S.A. § 1201(a)(2). The charge was based on alleged conduct that took place on August 24, 2006. On September 12, 2006, defendant was arraigned, and the district court held a preliminary civil suspension hearing pursuant to § 1205(g). At the preliminary hearing, defendant did not waive her § 1205(h) right to receive a final hearing on the merits of the civil suspension within forty-two days of the alleged offense. The State, too, requested on the record that a final civil suspension hearing be set within the time frame required by § 1205(h). Section 1205(h) reads, in pertinent part:
If the defendant requests a hearing on the merits, the court shall schedule a final hearing on the merits to be held within 21 days of the date of the preliminary hearing. In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown. The final hearing may only be continued by the consent of the defendant or for good cause shown.
23 V.S.A. § 1205(h)(1).
¶ 3. No final hearing took place within forty-two days of August 24, 2006—the date of the alleged offense. On November 3, 2006, defendant moved to dismiss the information, arguing that the forty-two-day requirement was mandatory, that defendant had not consented to a continuation of the hearing, and that “[n]o good cause exist[ed]” for the delay. The State agreed that defendant had not consented to a continuation, but argued that the information should not be dismissed because there was good cause for the failure to hold a final hearing within the required timeframe. The entirety of the State’s good-cause argument reads as follows:
The State is aware, anecdotally, that Windsor District Court staff have had difficulty finding time to hold civil suspension hearings. The State submits that this difficulty satisfies the “good cause shown” requirement in §1205(h) that is necessary in order to hold a civil hearing after the 42 day period has elapsed.
In addition to its good-cause argument, the State argued that “[i]n any event, the State’s case should not be prejudiced by a scheduling failure in which the State played no culpable role,” and “because any failure to abide by the so-called ‘42 Day Rule’ is not the State’s fault.” The district court granted defendant’s motion. The court acknowledged that “the fault lies with the court’s schedule, not the State,” but reasoned that “nonetheless, failure of the court to schedule is not ‘good cause.’ “ This appeal followed.
¶ 4.
Under the statute, if a final hearing does not occur within the
requisite forty-two day period, the court must dismiss the proceeding
unless the defendant consents to continuing it or the State shows good cause
for a continuance. State v. Singer, 170
¶ 5.
Whether good cause exists under § 1205(h) is a mixed question of fact
and law that we leave to the discretion of the district court. State v. Tongue, 170
¶ 6. The State does not challenge the district court’s finding that the court was at fault for the scheduling delay. Rather, the State argues that—given this finding—it was “clearly unreasonable” for the district court to conclude that good cause did not exist. We disagree.
¶ 7.
The State first claims that our decisions in Singer, 170 Vt. 346,
749 A.2d 614, and Tongue, 170 Vt. 409, 753 A.2d 356, stand for the
proposition that, in the § 1205(h) context, if there is any evidence of
good cause on the record, the district court must conclude that good cause
exists. The State’s reading of Singer and Tongue is too
broad. In Tongue, we reversed a good-cause conclusion based on an
assumption that the State had “done all it could to bring the proceeding in a
timely manner” where there was no evidence on the record to support the court’s
conclusion. 170
¶ 8. The State also notes our acknowledgement in Singer that good cause may exist in circumstances in which the State is at fault. See id. (“In some cases, [the State’s] difficulty in capturing or analyzing a blood test . . . may provide good cause for a delay.). Given this acknowledgement, the State claims, “it [would be] illogical and unfair to the State to conclude that good cause does not exist where, as here, the State requested a hearing and was ready to proceed within forty-two days, and the delay was caused by events entirely beyond the State’s control.” However, our hesitation to base a good-cause determination on the presence or absence of the State’s fault in Singer does not help the State’s argument here. Fault is not necessarily our only consideration.
¶ 9.
The district court’s conclusion that there was no good cause in this
case is consistent with the Legislature’s purpose in drafting the
statute. We have observed that “[t]he summary [civil license] suspension
scheme serves the . . . purpose of protecting public safety by quickly removing
potentially dangerous drivers from the roads.” State v. Anderson,
2005 VT 80, ¶ 3, 179
¶ 10. Finally, the State contends that defendant’s motion to dismiss for failure to hold the hearing within the forty-two days required by statute “arguably is tantamount to a Motion to Dismiss for Lack of Speedy Trial.” Likewise, the State asks us to uphold dismissal only if the circumstances of this case would constitute a violation of defendant’s speedy-trial right. We decline the State’s invitation to engage in speedy-trial analysis here. Defendant sought to enforce an entitlement to timeliness contained in statute and prevailed in doing so. In interpreting and applying § 1205(h) we have engaged in the proper analysis by which to evaluate the State’s appeal.
¶ 11. The district court acted within its discretion in determining that its own scheduling failure did not constitute good cause. The State has given us no reason to conclude that it was clearly unreasonable for the court to come to such a determination.
Affirmed.
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BY THE COURT: |
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Paul L. Reiber, Chief Justice |
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John A. Dooley, Associate Justice |
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Denise R. Johnson, Associate Justice |
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Marilyn S. Skoglund, Associate Justice |
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Brian L. Burgess, Associate Justice |
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