City of Spokane v. Carlson

979 P.2d 880, 96 Wash. App. 279
CourtCourt of Appeals of Washington
DecidedJuly 1, 1999
DocketNo. 16739-9-III
StatusPublished
Cited by3 cases

This text of 979 P.2d 880 (City of Spokane v. Carlson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Spokane v. Carlson, 979 P.2d 880, 96 Wash. App. 279 (Wash. Ct. App. 1999).

Opinion

Sweeney, J.

Spokane Municipal Code (SMC) 16.52.020(2) requires that a driver involved in an accident stop “at the scene of such accident or as close thereto as possible” to exchange information. The ordinance also requires that the stop “be made without obstructing traffic more than is necessary.” Edward Carlson struck Lisa Watkins’ car while changing lanes on a crowded city street. He waved and left.

The first question is whether the ordinance is unconstitutionally vague because it does not clearly delineate who must stop, or when or where. We conclude the ordinance is not vague and therefore is constitutionally sound. The next question is whether the court erroneously interpreted the ordinance to require Mr. Carlson to stop. We conclude the court did not. The final question is whether the evidence [282]*282supports the court’s finding that Mr. Carlson violated the statute. It does. We therefore affirm the conviction.

FACTS

Lisa Watkins stopped for a red light in the southbound, right-hand lane on the Division Street Bridge in Spokane. The light turned green. Edward Carlson tried to change lanes but collided with the rear-end of Ms. Watkins’ vehicle. Mr. Carlson then pulled along the driver’s side of Ms. Watkins’ car and gave, what she interpreted as, a goodbye wave. He did not indicate that he was going to stop. Ms. Watkins wrote down Mr. Carlson’s license plate number.

Mr. Carlson drove through the intersection in the left-hand lane. He drove ahead of Ms. Watkins but did not stop. Ms. Watkins lost sight of his car. She drove to work, called the police, and reported the incident.

Mr. Carlson explained that he olid not stop at the accident scene because he would have blocked both southbound lanes of traffic on the bridge. He pulled up next to Ms. Watkins and motioned for her to pull over further up the street. He sped ahead of traffic and attempted to move into the right-hand lane to pull off the road and exchange information. He could not immediately move into the right-hand lane due to traffic. Mr. Carlson eventually pulled into a parking lot several blocks away from the site of the accident. He waited for Ms. Watkins for about 30 seconds. He then retraced his path to find Ms. Watkins. Mr. Carlson did not find her.

Officer Samuel Hairston estimated that the collision caused $500 in damages to Ms. Watkins’ vehicle. Officer Hairston left his name and number with Mr. Carlson’s employer and asked that Mr. Carlson return the call. Mr. Carlson did not respond. Officer Hairston turned the case over to Officer Marty Bowman.

Officer Bowman cited Mr. Carlson for hit and run to an attended vehicle, SMC 16.52.020(5). The Spokane County District Court convicted him. The court found it unreason[283]*283able for Mr. Carlson to expect Ms. Watkins to follow him. It concluded that SMC 16.52.020 required Mr. Carlson to stop at the scene of the accident or the first available place.

Mr. Carlson appealed to Spokane County Superior Court. He also challenged the sufficiency of the evidence. Mr. Carlson apparently contended during his argument to the Superior Court that the clause “as close thereto as possible” in SMC 16.52.020(2) is unconstitutionally vague. The court refused to address the vagueness argument because Mr. Carlson had not briefed it. The Superior Court concluded the evidence was sufficient and affirmed the conviction.

We granted discretionary review.

DISCUSSION

1. Is SMC 16.52.020 unconstitutionally vague?

An ordinance is presumed constitutional. The party challenging it therefore bears the burden of proving its unconstitutionality beyond a reasonable doubt. State v. Thorne, 129 Wn.2d 736, 769-70, 921 P.2d 514 (1996).

This ordinance is void for vagueness if it “ ‘does not define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is proscribed,’ or if it ‘does not provide ascertainable standards of guilt to protect against arbitrary enforcement.’ ” Id. at 770 (quoting State v. Myles, 127 Wn.2d 807, 812, 903 P.2d 979 (1995)). First Amendment rights are not involved here. So we evaluate the constitutionality of the ordinance as applied to Mr. Carlson’s conduct. City of Spokane v. Douglass, 115 Wn.2d 171, 182-83, 795 P.2d 693 (1990).

Mr. Carlson’s testimony here undermines his challenge. He knew he had to stop. He did not stop at the scene, but only out of fear that he would block traffic. He then retraced his path to get as close to the accident location as [284]*284possible. Even a cursory review of SMC 16.52.0201 shows a clear road map for its violation.

To convict Mr. Carlson of violating SMC 16.52.020, the City had to prove:

(1) An accident involving Mr. Carlson’s taxicab and Ms. Watkins’ vehicle occurred in the City of Spokane on January 9, 1996;
(2) Damage to Ms. Watkins’ vehicle resulted;
(3) Mr. Carlson, subject to the requirement that he not obstruct traffic more than necessary, failed to (a) immediately stop his taxicab at the scene of the accident, or (b) stop his taxicab as close as possible to the accident scene and return to the accident scene, and remain at the accident scene;
(4) Mr. Carlson failed to give his name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his vehicle driver’s license to Ms. Watkins.

SMC 16.52.020(2), (3). This ordinance defines the criminal offense with sufficient certainty to avoid arbitrary enforcement.

[285]*2852. Did the district court erroneously interpret SMC 16.52.020 by placing the burden to exchange information on Mr. Carlson?

Standard of Review. Construction of an ordinance is a question of law. Review is therefore de novo. McTavish v. City of Bellevue, 89 Wn. App. 561, 564, 949 P.2d 837 (1998).

An ordinance is ambiguous only if it is susceptible of more than one reasonable interpretation. State v. Bourne, 90 Wn. App. 963, 970, 954 P.2d 366 (1998). We construe an ambiguous ordinance sensibly to effect the legislative intent and to avoid an unjust and absurd result. State v. Hughes, 80 Wn. App. 196, 199, 907 P.2d 336 (1995); State v. Vela, 100 Wn.2d 636, 641, 673 P.2d 185 (1983).

Mr. Carlson argues that both he and Ms. Watkins were “the driver of any vehicle involved in an accident” and therefore she also had an obligation to stop. SMC 16.52.020(2). We read the ordinance as a whole. Hughes, 80 Wn. App. at 199. “[Rjesulting only in damage to a vehicle which is driven or attended by any person” qualifies the clause Mr. Carlson focuses on. SMC 16.52.020(2).

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979 P.2d 880, 96 Wash. App. 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-spokane-v-carlson-washctapp-1999.