State v. Davis

745 S.W.2d 249, 1988 Mo. App. LEXIS 207, 1988 WL 7237
CourtMissouri Court of Appeals
DecidedFebruary 5, 1988
Docket14960
StatusPublished
Cited by11 cases

This text of 745 S.W.2d 249 (State v. Davis) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Davis, 745 S.W.2d 249, 1988 Mo. App. LEXIS 207, 1988 WL 7237 (Mo. Ct. App. 1988).

Opinions

GREENE, Presiding Judge.

Thor Eric Davis was court-tried and convicted of the class A misdemeanor of operating a motor vehicle when he did not possess a valid operator’s license, § 302.020.1(2).1 Davis was sentenced to one year in the county jail and fined $1,000. We affirm.

On appeal, Davis alleges that the statute requiring he obtain a valid operator’s license, as a predicate to being allowed to operate a motor vehicle upon the public highways, violates his constitutional rights to freedom of religion and freedom to travel.

The facts of the case are not in dispute. On December 27, 1985, Trooper Allen B. Hines of the Missouri State Highway Patrol was directing traffic around a motor vehicle that was stalled on Highway 76 near the intersection of Highway 265 in Stone County, Missouri. Davis was driving [250]*250a 1963 Chevrolet pickup truck on Highway-76. As he approached the trooper, Hines recognized Davis, as he had previously stopped Davis for motor vehicle license violations. Hines directed Davis to stop, and asked to see his driver’s license. Davis told Hines that he did not have a license, and did not need one because, “he was an ambassador of God, and had immunity.” At trial, Davis said, “I freely admit that I do not have a driver’s license. I will tell the Court that I do not intend to get a driver’s license because I feel that it is against my religious beliefs.” Davis declared he was merely “traveling in a conveyance” rather than “driving a motor vehicle.” When asked by the judge whether he was claiming that he was not “turning the wheel, and operating the brake pedal, and operating the accelerator,” Davis replied, “No, I’m not.”

Section 302.020.1(2) provides, with certain exceptions not relevant here, that it is unlawful for any person to operate any motor vehicle, other than a farm tractor, upon any highway of this state unless he has a valid license as an operator. Operator, in the context used here, is defined in § 302.010(13) as “every person, other than a chauffeur, who is in actual physical control of a motor vehicle upon a highway.” Section 302.010(9) defines a motor vehicle as “any self-propelled vehicle not operated exclusively upon tracks....” In applying these statutory definitions to the facts in this case, it is evident that Davis, who is admittedly not a chauffeur, violated § 302.020.1(2) at the time and place in question. The only remaining issue is whether the state is estopped from enforcing the statute in question against Davis because of his religious beliefs.

We first address Davis’ contention that his religious beliefs, as expressed in the Bible in Leviticus 18:3-5, Exodus 22:32-33, 34:10-17, and Deuteronomy 7:2, prohibit him from making any covenant or contract with any other god but God. He reasons that the state of Missouri is a god, and that an application for an operator’s license is a contract, which he is prohibited from making, because such act would amount to the crime of treason against his government and his King (God).

We do not, and cannot, as part of our judicial function, attempt to adjudicate the controversy on the basis of any religious philosophy. The question is whether there is a compelling public interest, in insisting that all persons who operate a motor vehicle on public highways apply for and possess an operator’s license, which overrides religious beliefs of some individuals.

The statute concerning the application for a Missouri motor vehicle operator’s or chauffeur’s license is § 302.171.2 As the statute states, the information requested in the application is to aid the Director of Revenue in determining an applicant’s qualifications to drive a motor vehicle, and is for the protection of persons travelling our highways. Since the operation of a motor vehicle upon public highways is a privilege, or at the most a qualified right, it is properly controlled by the exercise of state police power. Breeze v. Goldberg, 595 S.W.2d 381, 383 (Mo.App.1980). In the exercise of such police power, a state may require a person to be licensed as a condition precedent to operating a motor vehicle [251]*251upon public highways. Williams v. Schaffner, 477 S.W.2d 55, 56 (Mo. banc 1972).

It is, therefore, necessary for us to examine the question of when the regulatory police power of the state should yield to the constitutional claim of denial of religious freedom. The United States Supreme Court has come down on both sides of the question. In West Virginia State Board of Education v. Barnette, 319 U.S. 624, 63 S.Ct. 1178, 87 L.Ed. 1628 (1943), the court held that school children who regarded the flag of the United States as a “graven image” (Exodus 20:4-5) could not be compelled to salute the flag or to recite the pledge of allegiance. In Wisconsin v. Yoder, 406 U.S. 205, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972), it was held that school children could not be compelled to attend accredited school past the eighth grade, if such practice was contrary to their religious views or those of their parents. In Wooley v. Maynard, 430 U.S. 705, 97 S.Ct. 1428, 51 L.Ed.2d 752 (1977), it was held that a New Hampshire motorist could not be required to display the state motto, “Live Free or Die” on his automobile license plate, if such violated his religious beliefs.

However, the court in Davis v. Beason, 133 U.S. 333, 10 S.Ct. 299, 33 L.Ed. 637 (1890), held that the practice of polygamy, even though sanctioned by the religious beliefs of some, could be prohibited by statute. In Jacobson v. Massachusetts, 197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643 (1905), the court held that a person could be required to submit to a state-mandated vaccination against smallpox, even though such procedures ran contrary to that person’s religious views.

In attempting to reconcile these divergent views, the Supreme Court of Missouri, in Penner v. King, 695 S.W.2d 887, 889 (Mo. banc 1985), had this to say:

Governmental scrutiny of the sincerity of one’s religious belief is offensive to our tradition of individual rights. A balancing of interests is nonetheless necessary when a claim of individual religious belief is set up in opposition to the police power. If a statute serves an important public interest, even those with religious scruples may be required to comply.
The Court, furthermore, is obliged to uphold legislative enactments, when challenged on constitutional grounds, unless the unconstitutionality is clearly demonstrated. The legislative power is plenary and residual, subject only to the limits of the federal and state constitutions. State ex rel. Holekamp v. Holekamp Lumber Co., 340 S.W.2d 678 (Mo. banc 1960). This Court, therefore, must uphold a statute if there is any valid basis on which the legislature could have acted.

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State v. Davis
745 S.W.2d 249 (Missouri Court of Appeals, 1988)

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Bluebook (online)
745 S.W.2d 249, 1988 Mo. App. LEXIS 207, 1988 WL 7237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-davis-moctapp-1988.