People v. Staton

619 N.E.2d 777, 248 Ill. App. 3d 799, 189 Ill. Dec. 76, 1993 Ill. App. LEXIS 1257, 1993 WL 310929
CourtAppellate Court of Illinois
DecidedAugust 17, 1993
Docket2 — 91—1107
StatusPublished
Cited by6 cases

This text of 619 N.E.2d 777 (People v. Staton) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Staton, 619 N.E.2d 777, 248 Ill. App. 3d 799, 189 Ill. Dec. 76, 1993 Ill. App. LEXIS 1257, 1993 WL 310929 (Ill. Ct. App. 1993).

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

The circuit court found defendant, Terry Staton, guilty of driving under the influence of alcohol (Ill. Rev. Stat. 1991, ch. 95½, par. 11— 501 (now 625 ILCS 5/11 — 501 (West 1992))), driving while his driver’s license was revoked (Ill. Rev. Stat. 1991, ch. 95½, par. 6 — 303 (now 625 ILCS 5/6 — 303 (West 1992))), disobeying a stop sign (Ill. Rev. Stat. 1991, ch. 95½, par. 11-1204(b) (now 625 ILCS 5/11-1204(b) (West 1992))), illegal operation of a snowmobile (Ill. Rev. Stat. 1991, ch. 95½, par. 605-2(A) (now 625 ILCS 40/5-2(A) (West 1992))), and operating a snowmobile without a valid driver’s license (Ill. Rev. Stat. 1991, ch. 95½, par. 605-3(D)(l) (now 625 ILCS 40/5-3(D)(l) (West 1992))). Defendant appeals, contending that the court erred in holding that the general provisions of the Illinois Vehicle Code (Vehicle Code or Code) (Ill. Rev. Stat. 1991, ch. 95½, par. 1 — 101 et seq. (now 625 ILCS 5/1 — 101 et seq. (West 1992))) apply to snowmobiles.

Early in the morning of December 9, 1990, Jimmy Hartney, a part-time Lena police officer, saw defendant, whom he recognized, walk across a municipal parking lot. Hartney was parked in the lot, and defendant passed within 15 feet of him. A few minutes later, Hartney saw a snowmobile, which did not appear to have its lights on, travel through an alley.

Hartney drove a few blocks to determine where the snowmobile went. At the intersection of Mason and Rantoul Streets, he saw the snowmobile westbound on Mason and turning west onto Oak Street. The officer followed the snowmobile for some distance down the street. Hartney activated the lights on his squad car and attempted to stop the snowmobile to inform the driver that the route he was taking “was not the most direct route out of town” and “was not the snowmobile route.”

The snowmobile did not stop immediately, but stopped a block later when the officer pulled his car in front of it. After the snowmobile driver removed his helmet, Hartney recognized him as defendant. Hartney ran a test of defendant’s driver’s license and discovered that it was revoked. Upon making some observations and conducting some tests, Hartney determined that defendant was intoxicated. Defendant was charged with the offenses listed above. ,

Defendant waived a jury trial. After a bench trial, the court found him guilty of all charges. In closing argument and in his post-trial motion, defendant argued that he could not be convicted of driving under the influence of alcohol, driving with a revoked license or disobeying a stop sign because those offenses require that defendant be driving a “vehicle” or “motor vehicle” and that a snowmobile is not a vehicle or motor vehicle as defined by the Code. The court rejected this argument, found defendant guilty of all charges, and denied his post-trial motion. Defendant filed a timely notice of appeal.

On appeal, defendant again presses his argument that a snowmobile is not a “vehicle” or “motor vehicle” as defined by the Code. Defendant does not challenge his convictions of the two snowmobile offenses. He contends, however, that he could not be convicted of the three Code offenses.

The Code contains the following definitions:

“Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.” Ill. Rev. Stat. 1991, ch. 95½, par. 1 — 217 (now 625 ILCS 5/1 — 217 (West 1992)).
“Motor vehicle. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.” Ill. Rev. Stat. 1991, ch. 95½, par. 1 — 146 (now 625 ILCS 5/1-146 (West 1992)).

Defendant points out that each of the three general statutes under which he was convicted requires as an essential element that the defendant be operating a vehicle or motor vehicle. For example, section 6 — 303 provides, “Any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person’s driver’s license, permit or privilege to do so *** is revoked or suspended as provided by this Code *** shall be guilty of a Class A misdemeanor.” (Emphasis added.) Ill. Rev. Stat. 1991, ch. 95½, par. 6-303(a) (now 625 ILCS 5/6-303(a) (West 1992)).

Defendant points out that the legislature has enacted a separate statute, the Snowmobile Registration and Safety Act (the Act) (Ill. Rev. Stat. 1991, ch. 95½, par. 601 — 1 et seq. (now 625 ILCS 40/1 — 1 et seq. (West 1992))), specifically regulating the registration and operation of snowmobiles. He posits that the creation of the Act and the exclusion of snowmobiles from the definition of vehicle under the Code expressed the legislature’s intention to create a separate statutory scheme to regulate snowmobiles. Thus, he contends that he cannot be convicted of any offense under the Code while operating a snowmobile.

The State responds that statutes having similar purposes must be construed in pari materia. According to the State, the legislature could not have intended to exempt completely snowmobiles from the “rules of the road” provisions of the Code and subject them only to the less stringent regulations of the Act. Therefore, the State concludes that certain provisions of the Code must be read as applying to snowmobiles where the context clearly requires it. The State relies on section 1 — 101 of the Code, which defines various words and phrases used therein and provides that those words and phrases for purposes of the Code shall have the meanings respectfully ascribed to them, except when the context otherwise requires and except where another definition set forth in another chapter of the Code and applicable to that chapter or a designated part thereof is applicable. Ill. Rev. Stat. 1991, ch. 95½, par. 1 — 101.

' Although it is indeed simplistic, there is merit in defendant’s position that the plain language of the definition section demonstrates the legislature’s intention to exclude snowmobiles from the Vehicle Code’s general provisions. “The statutory language used by the legislature is usually the best indication of the intent of the drafters. [Citations.] Such language is to be given its plain or ordinary and popularly understood meaning.” (Collins v. Board of Trustees of the Firemen’s Annuity & Benefit Fund (1993), 155 Ill. 2d 103, 111.) The plain and ordinary meaning of “[e]very device *** except *** snowmobiles” as a definition of a vehicle is that a snowmobile is not a vehicle.

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619 N.E.2d 777, 248 Ill. App. 3d 799, 189 Ill. Dec. 76, 1993 Ill. App. LEXIS 1257, 1993 WL 310929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-staton-illappct-1993.