Drunk Driver Who Lost His License Wins Round in Court

Actions speak louder than words, a state appellate court ruled Tuesday in an unusual case involving a drunk driver.

The driver was William L. Hart of Anaheim, who lost his license for a year after being arrested in Irvine on May 2, 1985, and refusing to submit to a blood-alcohol test.

But when officials then came to Hart to give him a blood test, Hart rolled up his sleeve and presented his arm. Therefore, his lawyers claimed, the state Department of Motor Vehicles lacked the authority to suspend his license for one year, the automatic penalty for refusal to submit to a blood-alcohol test.

‘Ludicrous’ Decision

On Tuesday, a panel of the 4th District Court of Appeal in Santa Ana ruled that the DMV made a “ludicrous” decision by following the letter of the law and revoking Hart’s license. Hart’s physical submission to the blood test, the court ruled, was his consent. The court’s opinion, written by Justice Thomas F. Crosby Jr., ordered Hart’s license reinstated.

But Justice Sheila Sonenshine, in a stinging dissent, wrote that her colleagues violated “elementary principles” of law, “rewrote the facts” of the case and usurped the job of the state Legislature.

And the office of state Attorney General John Van De Kamp quickly announced an appeal to close what it termed a “loophole” opened by the decision.

Irvine Police Officer Wayne Shaw testified during the trial that Hart refused to submit to breath, blood or chemical tests at the Orange County Jail.

“Will you take a breath test?” Shaw testified he asked Hart. “His response, ‘No.’ Urine test? ‘No.’ Blood test? ‘No.’ And then he made a statement, ‘I refuse.’ ”

Back Injury Claimed

But Hart said he refused only to submit to a breath test. He said he had hurt his back several days before and was worried about aggravating it if he “blew forcefully” into a Breathalyzer, according to the opinion.

Nevertheless, all parties did agree that Hart did not resist a blood test.

Still, the DMV suspended his driver’s license. When Hart sued, Orange County Superior Court Judge Harmon G. Scoville found the police officer’s testimony credible and rejected Hart’s contention.

But Justice Crosby wrote that whatever Hart said, his actions indicated that he agreed to the blood test.

“In short, he bowed to the officer’s decision and thereby fulfilled the statutory purpose, which is to obtain blood-alcohol samples, not to further punish the tipsy motorist,” Crosby wrote.

In dissent, Sonenshine said her colleagues improperly rejected Scoville’s factual finding that the police officer’s account was accurate. Sonenshine pointed to earlier rulings that supported the suspension.

Assistant Atty. Gen. Melvin R. Segal said the decision “creates a limited loophole” and will be appealed.

Segal said there is “absolutely no authority” supporting the opinion.

The winning lawyer, Jackson Parham, said the one-year suspension of Hart’s driver’s license has already passed, but the decision is important because it clears the suspension from Hart’s record.

Hart, an insurance salesman, was convicted of drunk driving in the case. It was his second conviction since 1982, according to the court file.

Parham said Hart was “an old fraternity brother” who has since become a member of Alcoholics Anonymous and has “straightened out.”