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No. 110, September Term, 2000 Thomas Michael Brodie v. Motor Vehicle Administration of Maryland

[In An Action For Judicial Review Of An Adjudicatory Administrative Decision, The Plaintiff May Not Raise An Issue Which Was Not Raised Before The Agency]

IN THE COURT OF APPEALS OF MARYLAND

No. 110 September Term, 2000 ___________________________________________

THOMAS MICHAEL BRODIE

v.

MOTOR VEHICLE ADMINISTRATION OF MARYLAND

__________________________________________ Bell, C.J., Eldridge Raker Wilner Cathell Harrell Battaglia, JJ. ___________________________________________

Opinion by Eldridge, J. __________________________________________ Filed: December 3, 2001

Thomas Michael Brodie, a resident of Montgomery County, Maryland, is seeking appellate review of a judgment by the Circuit Court for Montgomery County upholding the revocation by the Motor Vehicle Administration ("MVA") of Brodie's license to drive. The MVA initially revoked Brodie's license on April 21, 1998, for points that he had accumulated on his driving record following a 1997 conviction for driving while intoxicated and convictions for other motor vehicle offenses. On December 24, 1998, Brodie was again

arrested for driving while intoxicated, and on September 17, 1999, he was convicted of this offense. The MVA subsequently assessed 12 points against Brodie on his Maryland driving

record for this 1999 drunk driving conviction, and on November 2, 1999, it revoked Brodie's license a second time on the following grounds: (1) Brodie had accumulated 12 new points; (2) Brodie had continued to drive his automobile after the initial revocation of his license in 1998; (3) Brodie was an unfit and unsafe driver in light of his 1997 and 1999 convictions, as well as three drunk driving convictions prior to 1997. Brodie requested a hearing before the Office of Administrative Hearings, and the hearing was held in March 2000 before an administrative law judge. At the hearing, Brodie

argued that he had overcome his previous history of substance abuse and that, therefore, the MVA should not revoke his license a second time. The administrative law judge upheld the

MVA's second revocation of Brodie's license on the grounds (1) that under Maryland Code (1977, 1999 Repl. Vol., 2001 Supp.),

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