District of Columbia v. Fred

• Decision Date: 24 February 1930
• Docket Number: No. 229,229
• Citation: 50 S.Ct. 163,74 L.Ed. 694,281 U.S. 49
• Parties: DISTRICT OF COLUMBIA v. FRED
• Court: U.S. Supreme Court

281 U.S. 49

50 S.Ct. 163

74 L.Ed. 694

DISTRICT OF COLUMBIA

v FRED.

No. 229.

Argued Jan. 24, 1930.

Decided Feb. 24, 1930.

Messrs. Richmond B. Keech and William W. Bride, both of Washington, D. C., for petitioner.

Mr. S. McComas Hawken, of Washington, D. C., for respondent.

Mr. Justice STONE delivered the opinion of the Court.

Respondent was convicted in the police court of the District of Columbia of the offense of operating a motor vehicle in the District during the unexpired period of his operator's permit after it had been revoked. Section 13(d) of the Traffic Acts of the District of Columbia, Act of March 3, 1925, 43 Stat. 1119, 1125, as amended by Act of July 3, 1926, 44 Stat. pt. 2, p. 812. The Court of Appeals of the District, on writ of error, set aside the conviction. 33 F.(2d) 375. This Court granted certiorari May 27, 1929, to review its judgment (280 U. S. 541, 50 S. Ct. 29, 74 L. Ed. —).

Section 13(d) provides: 'Any individual found guilty of operating a motor vehicle in the District during the period for which his operator's permit is revoked or suspended, or for which his right to operate is suspended under this Act shall, for each such offense, be fined not less than $100 nor more than $500, or imprisoned not less than 30 days nor more than one year, or both.' The facts, proved at the trial, showed an unquestioned violation of this section by respondent, unless, as contended, his possession of a Virginia operator's permit or license, aided by the reciprocity provisions of the District Traffic Acts, exempts him from its operation.

Following the revocation of his District of Columbia permit, respondent, who was then a resident of the District, took up his residence in Virginia, and procured from that state a motor vehicle registration card and automobile license tags, authorizing him to operate his motor car in Virginia. The alleged violation of § 13(d) occurred while his Virginia registration license was in force and while respondent was temporarily in the District, driving his automobile equipped with the Virginia license tags.

By section 7, all persons operating motorcars within the District are required to have an operator's permit, which permit, under section 13(a), may be suspended or revoked by the Director of Traffic for cause. By section 7(e) operation of a motor vehicle without a permit is punishable by fine of 'not more than $500 or imprisonment for not more than six months, or both.' But by section 8(a) the requirement of an operator's permit is dispensed with in favor of nonresidents who have procured a permit or license from a state granting like exemptions to residents of the District, as has the state of Virginia. The language of the exemption is: 'Shall be exempt from compliance with § 7 and with provisions of law or regulations requiring the registration of motor vehicles or the display...