State v. Hopkins

465 N.W.2d 894, 1991 Iowa Sup. LEXIS 34, 1991 WL 19320
CourtSupreme Court of Iowa
DecidedFebruary 20, 1991
Docket90-409
StatusPublished
Cited by15 cases

This text of 465 N.W.2d 894 (State v. Hopkins) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hopkins, 465 N.W.2d 894, 1991 Iowa Sup. LEXIS 34, 1991 WL 19320 (iowa 1991).

Opinions

SCHULTZ, Justice.

We granted the State’s request for discretionary review of the trial court’s ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of operating while intoxicated or drugged in violation of Iowa Code subsection 321J.2(2)(b) (1989), second offense. The trial court suppressed the evidence gained from the implied consent procedure. We reverse the suppression order and remand for further proceedings.

The relevant facts are uncomplicated. The defendant was operating a motor vehicle which collided with a telephone pole at approximately 1:00 a.m. A city policeman, a certified peace officer who has had considerable extra training and acts as the city’s accident investigator, was called to the scene. Upon arrival, he found a portion of the pole lying on top of the car and the defendant seated behind the steering wheel. He detected the odor of an alcoholic beverage on her breath and observed that she had difficulty producing her driver’s license. An ambulance took her to the local hospital.

The undisputed evidence from the hospital medical reports was that defendant [895]*895complained of back pain and sustained multiple contusions as the result of her collision with a telephone pole. The medical reports also revealed that she was “obviously intoxicated.”

The State relies upon defendant’s injuries as a statutory justification for demanding the chemical test. The trial court concluded that it was essential for the officer to have knowledge of injury but that this knowledge was absent. The officer responded in the affirmative when defense counsel asked the question: “You didn’t see any personal injury and you have no personal knowledge of any personal injury she [defendant] sustained.” However, other observations mitigate this response. Even though the officer observed defendant in her wrecked vehicle and stated he saw “no major injuries,” he did not move her. He turned her over to the ambulance crew who placed her in the ambulance. In addition, he saw defendant in the hospital trauma room being examined by a doctor who ordered x-rays and bloodwork. The officer could not assume the ambulance crew and the doctor would take these actions in the absence of injury.

The officer’s observations and actions in invoking the implied consent provision without arresting defendant suggests the officer believed that defendant was injured even though he did not see or have personal knowledge of an injury. More important, we conclude the trial court required an element of proof not exacted by statute.

I. Implied consent. The legislature has provided extensive rules associated with the testing of suspected intoxicated drivers. Iowa Code §§ 321J.6-.22. Authority for chemical testing of bodily substances from persons suspected of driving while intoxicated is provided in section 321J.6.1 Under this section, a motor vehicle operator may be deemed to have consented to the withdrawal of specified bodily substances for chemical testing of alcohol concentration. The peace officer may make a written request for the withdrawal of a bodily substance if: (1) Pursuant to subsection 321J.6(1), the officer has reasonable grounds to believe that the person was operating a motor vehicle in violation of section 321J.2; and (2) among other possibilities and pursuant to subsection 321J.6(l)(b), the driver “has been involved in a motor vehicle accident or collision resulting in personal injury or death.” See State v. Owens, 418 N.W.2d 340, 342 (Iowa 1988) (applying Iowa Code section 321B.3 (1985), a predecessor to subsection 321J.6(l)(b)). Subsection 321J.6(1) requires the officer to have reasonable grounds to believe the person has been driving under the influence of alcohol or a drug. The plain and unambiguous language contained in subsection (b) requires only that the person be involved in a motor vehicle accident resulting in personal injury or death. It does not address the officer’s knowledge of injury or death.

[896]*896In this case, the trial court concluded subsection (b) required that the officer “at least should have knowledge of the actual existence of a personal injury.” The court suppressed the evidence of the test because the officer did not have this knowledge. However, the undisputed evidence shows that the conditions in subsection (b) were satisfied; a motor vehicle accident occurred and defendant suffered injury. The narrow issue is whether subsection 321J.6(l)(b) requires that a peace officer have knowledge of the actual existence of personal injury.

II. Legislative intent. When the meaning of a statute is in dispute, we resort to certain principles. Our ultimate goal is to determine legislative intent. Two rules, that on first blush may appear incompatible, aid us here. First, if a statute is unambiguous and its meaning clear, we need not search for meaning beyond its express language. Roosevelt Hotel Ltd. Partnership v. Sweeney, 394 N.W.2d 353, 356 (Iowa 1986). Second, we look beyond the ordinary meaning of the statutory language when a statute’s literal terms are in conflict with its general purpose. Janson v. Fulton, 162 N.W.2d 438, 443 (Iowa 1968). In considering this second possibility, we may consider the objects sought to be accomplished and “place a reasonable construction on the statute which will best effectuate its purpose rather than one which will defeat it.” State v. Schlemme, 301 N.W.2d 721, 723 (Iowa 1981) (quoting Crow v. Shaeffer, 199 N.W.2d 45, 47 (Iowa 1972)).

The literal requirements of subsection (b) appear clear and certain. However, we examine the purpose underlying enactment of the implied consent statute to determine if there is a conflict between the legislature’s intent and the statute’s express language. Previously, we have stated that the general purpose of section 321J. 6 “is to reduce the holocaust on our highways” caused by intoxicated drivers. State v. Kelly, 430 N.W.2d 427, 429 (Iowa 1988); Schlemme, 301 N.W.2d at 723; State v. Hitchens, 294 N.W.2d 686, 687 (Iowa 1980); Krueger v. Fulton, 169 N.W.2d 875, 878 (Iowa 1969) (quoting Severson v. Sueppel, 260 Iowa 1169, 1174, 152 N.W.2d 281, 284 (1967)). The purpose of the specific procedural requirements in invoking implied consent “is to protect the health of the person submitting to the test and to guarantee the accuracy of the test for use in judicial proceedings.” Schlemme, 301 N.W.2d at 723.

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State v. Hopkins
465 N.W.2d 894 (Supreme Court of Iowa, 1991)

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Bluebook (online)
465 N.W.2d 894, 1991 Iowa Sup. LEXIS 34, 1991 WL 19320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hopkins-iowa-1991.