State v. Huffman

340 P.3d 903, 185 Wash. App. 98
CourtCourt of Appeals of Washington
DecidedDecember 22, 2014
DocketNo. 68929-1-I
StatusPublished
Cited by3 cases

This text of 340 P.3d 903 (State v. Huffman) 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
State v. Huffman, 340 P.3d 903, 185 Wash. App. 98 (Wash. Ct. App. 2014).

Opinion

¶1 Sarah Huffman was arrested for driving under the influence of alcohol (DUI) after being pulled over for weaving in her lane, jerking back from and crossing the center line on State Route 9. She claimed the stop was unlawful because her single crossing of the center line did not give rise to reasonable, articulable suspicion that she committed a traffic infraction under RCW 46.61-.140. The district court agreed and granted her motion to suppress all evidence obtained after the stop. On RALJ appeal, the superior court reversed, concluding the stop was valid because Huffman committed a traffic infraction by crossing the center line in violation of RCW 46.61.100. We granted Huffman’s motion for discretionary review and affirm.

Spearman, C.J.

FACTS

¶2 On October 18, 2010, Trooper Daniel Eberle was traveling southbound on State Route 9 when he observed [101]*101the vehicle ahead of him weaving within its lane for approximately two miles. The two-mile section of the roadway is relatively straight, with a painted yellow line in the center that is at times a double solid line and at times a single dashed line. On that night, Trooper Eberle observed no visible debris or branches present that would cause a driver to deviate from the lane of travel. The trooper saw Huffman’s vehicle touch the center line three times, each time immediately jerking back to the right side of the road. On the fourth occasion, the vehicle crossed the center line by approximately one full tire width. Trooper Eberle did not recall any oncoming traffic at the time the vehicle crossed over the center line. He stopped the vehicle and subsequently arrested the driver, appellant Sarah Huffman, for DUI.

¶3 Huffman was charged with DUI in Snohomish County District Court. She moved to suppress all evidence obtained after the stop, including her prearrest screening and blood alcohol content (BAC) test results. Relying on our ruling in State v. Prado, 145 Wn. App. 646, 649, 186 P.3d 1186 (2008), Huffman argued that her momentary crossing of the center line was not a traffic infraction and, thus, there was no lawful basis for the stop. The State argued that the stop was lawful under RCW 46.61.100 and under Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). The district court agreed with Huffman and found the stop unlawful under Prado and because there were no reasonable grounds for suspicion that Huffman had committed a DUI. The court granted the motion and dismissed the case.

¶4 On RALJ appeal, the State argued the stop was valid under Terry and lawful under RCW 46.61.100 because Prado was inapplicable to that statute. The RALJ court ruled that Huffman’s one time incursion over the center line did not violate RCW 46.61.140 but violated RCW [102]*10246.61.100 and therefore the infraction stop was lawful.1 We granted Huffman’s motion for discretionary review to consider whether the “as nearly as practicable” language of RCW 46.61.140 applies to RCW 46.61.100.

DISCUSSION

Interpreting the Statutes

f5 This casé involves two traffic statutes, RCW 46.61.100 and RCW 46.61.140.2 When construing a statute, our goal is to determine and effectuate legislative intent. Swinomish Indian Tribal Cmty. v. Dep’t of Ecology, 178 Wn.2d 571, 581, 311 P.3d 6 (2013). We give effect to the plain meaning of the language used as the embodiment of that intent. Id. We read the statute as a whole to give effect to all language used. In re Pers. Restraint of Skylstad, 160 Wn.2d 944, 948, 162 P.3d 413 (2007). “If the statute is unambiguous after a review of the plain meaning, the court’s inquiry is at an end.” Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516, 526, 243 P.3d 1283 (2010). Only statutes that are ambiguous require judicial construction, and constructions that would yield “ ‘unlikely’ or ‘absurd’ [103]*103results” should be avoided. Densley v. Dep’t of Ret. Sys., 162 Wn.2d 210, 221, 173 P.3d 885 (2007) (internal quotation marks omitted) (quoting State v. Keller, 143 Wn.2d 267,277, 19 P.3d 1030 (2001)).

¶6 RCW 46.61.100(1) is explicit that driving on the right half of the roadway and in the right-hand lane is mandatory, subject to five specific exceptions.3 It provides:

Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
(c) Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon;
(d) Upon a street or highway restricted to one-way traffic; or
(e) Upon a highway having three lanes or less, when approaching a stationary authorized emergency vehicle, tow truck or other vehicle providing roadside assistance while operating warning lights with three hundred sixty degree visibility, or police vehicle as described under *RCW 46.61.212(2).

Crossing the center line is a traffic infraction unless one of the five enumerated exceptions applies. RCW 46.63.020.

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Cite This Page — Counsel Stack

Bluebook (online)
340 P.3d 903, 185 Wash. App. 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-huffman-washctapp-2014.