People v. Pitts, Docket No. 186260
| Decision Date | 14 March 1997 |
| Docket Number | Docket No. 186260 |
| Citation | 564 N.W.2d 93,222 Mich.App. 260 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Mitchell PITTS, Defendant-Appellant. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Mark A. Gates, Prosecuting Attorney, and Kristin M. Kalcher, Assistant Prosecuting Attorney, for People.
Greer Ann Baker, Riverdale, for defendant-appellant.
Before TAYLOR, P.J., and GRIBBS and R.D. GOTHAM *, JJ.
Defendant appeals by leave granted a circuit court order denying his motion for reversal of the judgment of the district court, holding him responsible for a violation of M.C.L. § 257.709; M.S.A. § 9.2409, for having tinted film on the front side windows of his car. We affirm in part and reverse in part.
On or about September 13, 1994, while driving in Alma, Michigan, defendant was stopped by the Michigan State Police and issued a citation for having tinted film on the front side windows of his car in violation of M.C.L. § 257.709(1)(a); M.S.A. § 9.2409(1)(a). Defendant's car had a factory-installed tinted windshield; however, an after-market tinted film had been applied to both front side windows.
Defendant requested a formal hearing. During the hearing, the district court stated that the charge was "having tinted front windows." The court examined defendant's car and determined that the side window tinting appeared no darker than the windshield and indicated it had no problem seeing into defendant's vehicle through the tinted side windows from a block away. The court, however, subsequently held that it was not prepared to overrule a directive of the Secretary of State that such window tinting constituted "obstructed vision," a moving violation for which two points are to be assessed against the violator's driver's license, even though it had trouble comprehending how nonreflective window tint could obstruct a driver's vision such that it constituted a moving violation rather than an equipment violation. Accordingly, the district court found that defendant had violated M.C.L. § 257.709; M.S.A. § 9.2409 for having nonreflective film on his front side windows, found that such a violation constituted a moving violation for obstructed vision, and assessed two points against defendant's driver's license.
Defendant appealed to the Gratiot Circuit Court, which affirmed the judgment of the district court.
Defendant first argues that he was improperly found responsible for the uncharged offense of obstructed vision, a moving violation subject to an assessment of two points against his driver's license, based on a citation for an equipment violation for having tinted front windows. We disagree.
Because defendant is presenting a constitutional issue that could be decisive to the outcome of his case, appellate review of this issue is appropriate. People v. Jones (On Rehearing), 201 Mich.App. 449, 452, 506 N.W.2d 542 (1993). Constitutional questions are reviewed de novo by this Court. People v. White, 212 Mich.App. 298, 304, 536 N.W.2d 876 (1995).
According to the United States and Michigan Constitutions, no person may be deprived of life, liberty, or property without due process of law. US Const, Am V; Const 1963, art 1, § 17; People v. Farrow, 183 Mich.App. 436, 441, 455 N.W.2d 325 (1990). What process is due in a particular proceeding depends upon the nature of the proceeding, the risks and costs involved, and the private and governmental interests that might be affected. In re Brock, 442 Mich. 101, 111, 499 N.W.2d 752 (1993). Generally, due process in civil cases 1 requires notice of the nature of the proceedings and an opportunity to be heard. Vicencio v. Jaime Ramirez, M.D., PC, 211 Mich.App. 501, 504, 536 N.W.2d 280 (1995); Cummings v. Wayne Co., 210 Mich.App. 249, 253, 533 N.W.2d 13 (1995). The notice must be reasonably calculated to apprise any interested parties of the pendency of the action and must afford them an opportunity to present objections. Vicencio, supra at 504, 536 N.W.2d 280.
M.C.L. § 257.743; M.S.A. § 9.2443 states that the citation for a civil infraction must include the name of the state or subdivision that is acting as the plaintiff, the name and address of the defendant, the civil infraction alleged, the place where the party is to appear, the phone number of the court, and the time to appear. Further, under M.C.L. § 257.727c(1)(a); M.S.A. § 9.2427(3)(1)(a), the citation itself serves as the formal complaint. 2
Here, the requirements of the statute were met. The citation defendant received included the date, time, location, and nature of the offense ("tinted front windows"), labeled the offense a civil infraction, and gave defendant ten days to respond to the court. The notice to appear further apprised defendant of the pendency of the action, listed the offense as "vision obstruction--tint," and informed defendant of the date of the hearing. Semantics aside, defendant was apprised of the fact that he was being charged with a violation of M.C.L. § 257.709; M.S.A. § 9.2409 and given a date to appear. Thus, the citation reasonably notified defendant of the pendency of the action and afforded him an opportunity to present objections. Vicencio, supra at 504, 536 N.W.2d 280. Therefore, his rights to notice and an opportunity to be heard were not violated. Cummings, supra at 253, 533 N.W.2d 13.
Next, defendant contends that having tinted film applied to his car windows constitutes defective equipment, a civil infraction for which no points are to be assessed against the operator's driver's license, and that he should not have been found responsible for a moving violation for having tinted film on his car windows. We agree.
The issue is whether a violation of § 709 constitutes a moving violation for which two points may be assessed against the operator's driver's license or whether a violation of § 709 is merely an equipment violation for which no points can be assessed. Thus, we must review the language contained in the Michigan Vehicle Code, M.C.L. § 257.683; M.S.A. § 9.2383 and M.C.L. § 257.709; M.S.A. § 9.2409, and determine whether having "tinted windows" was meant to be a moving violation.
Statutory interpretation is a question of law that is reviewed de novo. Smeets v. Genesee Co. Clerk, 193 Mich.App. 628, 633, 484 N.W.2d 770 (1992). The primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature. Farrington v. Total Petroleum, Inc., 442 Mich. 201, 212, 501 N.W.2d 76 (1993). The first criterion in determining intent is the specific language of the statute. House Speaker v. State Administrative Bd., 441 Mich. 547, 567, 495 N.W.2d 539 (1993). The Legislature is presumed to have intended the meaning it plainly expressed. Institute in Basic Life Principles, Inc. v. Watersmeet Twp. (After Remand), 217 Mich.App. 7, 12, 551 N.W.2d 199 (1996). Thus, statutory language should be construed reasonably, keeping in mind the purpose of the act. Barr v. Mt. Brighton Inc., 215 Mich.App. 512, 516, 546 N.W.2d 273 (1996). If the plain and ordinary meaning of the language is clear, judicial construction is normally neither necessary nor permitted. Heinz v. Chicago Rd. Investment Co., 216 Mich.App. 289, 295, 549 N.W.2d 47 (1996). If reasonable minds can differ with respect to the meaning of a statute, however, judicial construction is appropriate. Id. The court must look to the object of the statute, the harm it is designed to remedy, and apply a reasonable construction that best accomplishes the purpose of the statute. Marquis v. Hartford Accident & Indemnity (After Remand), 444 Mich. 638, 644, 513 N.W.2d 799 (1994). Statutory provisions must also be read in the context of the entire statute so as to produce an harmonious whole. Weems v. Chrysler Corp., 448 Mich. 679, 699-700, 533 N.W.2d 287 (1995).
Section 683 of the Michigan Vehicle Code states:
(1) A person shall not drive or move or the owner shall not cause or knowingly permit to be driven or moved on a highway a vehicle or combination of vehicles which is in such an unsafe condition as to endanger a person, or which does not contain those parts or is not at all times equipped with lamps or other equipment in proper condition and adjustment as required in sections 683 to 714a, or which is equipped in a manner in violation of sections 683 to 714a. A person shall not do an act forbidden or fail to perform an act required under sections 683 to 714a.
(2) A police officer on reasonable grounds shown may stop a motor vehicle and inspect the motor vehicle, and if a defect in equipment is found, the officer may issue the driver a citation for a violation of a provision of sections 683 to 714a.
* * * * * *
(4) The provisions of sections 683 to 714a with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, except as specifically provided in sections 683 to 714a.
(5) Except as otherwise provided in section 698 or 707d, a person who violates a provision of sections 683 to 714a with respect to equipment on vehicles is responsible for a civil infraction. [M.C.L. § 257.683; M.S.A. § 9.2383 (emphasis added).]
Section 709 of the code states, in pertinent part:
(1) A person shall not drive a motor vehicle with any of the following:
(a) A sign, poster, nontransparent material, window application, reflective film, or nonreflective film upon or in the front windshield, the side windows immediately adjacent to the driver or front passenger, or the sidewings adjacent to and forward of the driver or front passenger, except that a tinted film may be used along the top edge of the windshield and the side windows or sidewings immediately adjacent to the driver or front passenger if the material does not...
To continue reading
Request your trial
-
People v. Hill
...his right to present a complete defense. Constitutional claims of due process violations are reviewed de novo. People v. Pitts, 222 Mich.App. 260, 263, 564 N.W.2d 93 (1997). A. RIGHT OF CONFRONTATION Defendant argues that the trial court violated his right of confrontation by precluding him......
-
People v. Rodriguez
...misconduct and the trial court's erroneous rulings. We disagree. Constitutional questions are reviewed de novo. People v. Pitts, 222 Mich.App. 260, 263, 564 N.W.2d 93 (1997). This Court reviews factual findings for clear error. MCR 2.613(C). With respect to issues that were not raised below......
-
In re RFF
...type of classification created by the statute and the nature of the interest affected by the classification. People v. Pitts, 222 Mich.App. 260, 272-273, 564 N.W.2d 93 (1997). Appellant argues that we should subject the statute to strict scrutiny in this case because it impinges upon the fu......
-
Rose v. Stokely
...1079, 16 L.Ed.2d 169 (1966); Neal v. Oakwood Hosp. Corp., 226 Mich.App. 701, 717-718, 575 N.W.2d 68 (1997). 48. People v. Pitts, 222 Mich.App. 260, 273, 564 N.W.2d 93 (1997). 49. Doe, supra at 662, 487 N.W.2d 166, citing Plyler, supra at 216-217, 102 S.Ct. 50. Manistee Bank & Trust Co. v. M......