State v. Trusdall

• Decision Date: 10 February 2014
• Docket Number: No. 40241.,40241.
• Citation: 155 Idaho 965,318 P.3d 955
• Court: Idaho Court of Appeals
• Parties: STATE of Idaho, v. Rhonda Lee TRUSDALL.

155 Idaho 965

318 P.3d 955

STATE of Idaho,

v.Rhonda Lee TRUSDALL.

No. 40241.

Court of Appeals of Idaho.

Feb. 10, 2014.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for appellant. Lori A. Fleming argued.

Nevin, Benjamin, McKay & Bartlett LLP; Jeffrey Brownson, Boise, for respondent.

GRATTON, Judge.

The State appeals from the district court's appellate decision vacating Rhonda Lee Trusdall's conditional guilty plea to misdemeanor driving under the influence (DUI), Idaho Code § 18–8004, and transportation of an alcoholic beverage, I.C. § 23–505. We reverse.

I.FACTUAL AND PROCEDURAL BACKGROUND

Trusdall was operating a Polaris Ranger in a church parking lot, spinning the vehicle in circles. The six children in the vehicle with Trusdall were not wearing helmets. The officer that stopped Trusdall observed a half-empty beer in a cup holder and smelled the odor of an alcoholic beverage on her breath. Trusdall failed field sobriety tests, and a breath test revealed a blood alcohol content of .169 and .164.

The State charged Trusdall with DUI, transporting an open container, injury to children, and failure to carry a driver's license. Trusdall filed a motion to dismiss the DUI charge. She argued that the DUI statute, I.C. § 18–8004, did not apply because a Polaris Ranger is a utility type vehicle¹ (UTV) and is not a "motor vehicle" for purposes of the DUI statute. Trusdall also argued that I.C. § 67–7114, which specifically prohibits driving a UTV while intoxicated, barred the State from charging her under I.C. § 18–8004. The magistrate denied the motion to dismiss. The State filed an amended complaint adding to Trusdall's charges reckless driving, malicious injury to property, and six counts of injury to a child and permitting a minor to ride upon a UTV without a helmet. Trusdall entered a conditional guilty plea to DUI and transporting an open container. The State dismissed her other charges. The magistrate entered an order withholding judgment and Trusdall timely appealed. On appeal, the district court reversed the magistrate's decision denying the motion to dismiss and remanded the case with instructions to withdraw Trusdall's guilty pleas and to dismiss her charges. The State timely appeals.

II.ANALYSIS

When reviewing the decision of a district court sitting in its appellate capacity, our standard of review is the same as expressed by the Idaho Supreme Court:

The Supreme Court reviews the trial court (magistrate) record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure.

Pelayo v. Pelayo, 154 Idaho 855, 858–59, 303 P.3d 214, 217–18 (2013) (quoting Bailey v. Bailey, 153 Idaho 526, 529, 284 P.3d 970, 973 (2012) ). Thus, the appellate courts do not review the decision of the magistrate court. Bailey, 153 Idaho at 529, 284 P.3d at 973. Rather, we are procedurally bound to affirm or reverse the decisions of the district court. State v. Korn, 148 Idaho 413, 415 n. 1, 224 P.3d 480, 482 n. 1 (2009). The district court reversed the magistrate's decision, reasoning that a UTV is not a motor vehicle under the DUI statute and the UTV-specific DUI statute precluded the State from charging Trusdall under the general DUI statute.

A. A Utility Type Vehicle is a Motor Vehicle

The State claims the district court erred by holding that a UTV is not a motor vehicle for purposes of I.C. § 18–8004. This Court exercises free review over the application and construction of statutes. State v. Reyes, 139 Idaho 502, 505, 80 P.3d 1103, 1106 (Ct.App.2003). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction. State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999) ; State v. Escobar, 134 Idaho 387, 389, 3 P.3d 65, 67 (Ct.App.2000). The language of the statute is to be given its plain, obvious, and rational meaning. Burnight, 132 Idaho at 659, 978 P.2d at 219. If the language is clear and unambiguous, there is no occasion for the court to resort to legislative history or rules of statutory interpretation. Escobar, 134 Idaho at 389, 3 P.3d at 67. When this Court must engage in statutory construction because an ambiguity exists, it has the duty to ascertain the legislative intent and give effect to that intent. State v. Beard, 135 Idaho 641, 646, 22 P.3d 116, 121 (Ct.App.2001). To ascertain such intent, not only must the literal words of the statute be examined, but also the context of those words, the public policy behind the statute and its legislative history. Id. It is incumbent upon a court to give an ambiguous statute, an interpretation which will not render it a nullity. Id. Constructions of an ambiguous statute that would lead to an absurd result are disfavored. State v. Doe, 140 Idaho 271, 275, 92 P.3d 521, 525 (2004).

Additionally, if a criminal statute is ambiguous, the rule of lenity applies and the statute must be construed in favor of the accused. State v. Morrison, 143 Idaho 459, 461, 147 P.3d 91, 93 (Ct.App.2006). However, where a review of the legislative history and underlying public policy makes the meaning of the statute clear, the rule of lenity will not apply. State v. Bradshaw, 155 Idaho 437, 440, 313 P.3d 765, 768 (Ct.App.2013). If the ambiguity remains after examining the text, context, history, and policy of the statute, the interpretive tie between the two or more reasonable readings is resolved in favor of the defendant. Id. at 440–41, 313 P.3d at 768–69.

Idaho Code § 18–8004(1)(a) provides in relevant part:

It is unlawful for any person who is under the influence of alcohol ... to drive or be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

In defining "motor vehicle," for purposes of I.C. § 18–8004, the Idaho Supreme Court has relied on I.C. § 49–123(2)(g). State v. Barnes, 133 Idaho 378, 381, 987 P.2d 290, 293 (1999). Barnes was charged under I.C. § 18–8004 for driving a snowmobile on a highway while intoxicated. Barnes argued the vehicle was not a motor vehicle for purposes of the DUI statute because snowmobiles were treated differently under Title 49. The Court determined Barnes' argument to be without merit and held that snowmobiles are motor vehicles because they are self-propelled vehicles.² Barnes, 133 Idaho at 381, 987 P.2d at 293. However, the legislature has since amended I.C. § 49–123(2)(g), adding the following emphasized language to the statute:

Motor vehicle. Every vehicle which is self-propelled, and for the purpose of titling and registration meets federal motor vehicle safety standards as defined in section 49–107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.³

(Emphasis added.) Trusdall argues UTVs are not motor vehicles because a UTV does not meet the federal motor vehicle safety standards. In other words, Trusdall contends that the amendment narrowed the definition of motor vehicle by requiring not only that it be self-propelled, but also that it meet federal motor vehicle standards. The State concedes that UTVs do not meet the federal standards, but argues the plain language indicates the standards narrow the definition of "motor vehicle" only for titling and registration purposes.⁴ Thus, the State contends that the amendment did not otherwise modify the definition of motor vehicle as that which is "self-propelled."

The plain language of I.C. § 49–123(2)(g) continues to define motor vehicles as every vehicle which is self-propelled. The requirement that a vehicle meet the federal standards applies only "for the purpose of titling and registration." This conclusion is supported by other definitions in Title 49 that specifically use "for the purpose of" language to delimit specific requirements for specific purposes.⁵ See I.C. § 49–108(2), (3) ; I.C. § 49–116(3) ; I.C. § 49–117(7)(a), (7)(b)(iv), (13) ; I.C. § 49–123(2)(c), (2)(h), (2) (j), (2)(k).⁶ Additionally, it "is incumbent upon a court to give effect to all the words and provisions of the statute so that none will be void, superfluous, or redundant." State v. Wright, 154 Idaho 157, 159, 295 P.3d 1016, 1018 (Ct.App.2013). Adopting Trusdall's interpretation would make the "self-propelled" and "for the purposes of titling and registration" language superfluous because the language is unnecessary if the legislature simply intended to define a motor vehicle as that which meets federal motor vehicle safety standards. The UTV Trusdall operated is a motor vehicle because it is self-propelled. See Barnes, 133 Idaho at 381, 987 P.2d at 293.

B. Idaho Code § 18–8004 and I.C. § 67–7114 are Harmonious

The State claims that the district court also erred by concluding the UTV-specific DUI statute barred prosecution under the general DUI statute. Trusdall contends the statutes conflict and the legislature intended that driving a UTV while intoxicated would be prosecuted under I.C. § 67–7114 because it specifically criminalizes the operation of a UTV while intoxicated.

The rule that statutes in pari materia are to be construed together means that each legislative act is to be interpreted with other acts relating to the same matter or subject. Statutes are in pari materia when they relate to the same subject. Such statutes are taken together and construed as one system, and the object is to carry into effect the intention. It is to be inferred that a

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