State v. Peterson

347 N.W.2d 398, 48 A.L.R. 4th 355, 1984 Iowa Sup. LEXIS 1119
CourtSupreme Court of Iowa
DecidedApril 11, 1984
Docket83-880
StatusPublished
Cited by30 cases

This text of 347 N.W.2d 398 (State v. Peterson) 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. Peterson, 347 N.W.2d 398, 48 A.L.R. 4th 355, 1984 Iowa Sup. LEXIS 1119 (iowa 1984).

Opinions

WOLLE, Justice.

The State’s appeal in this case presents two issues of statutory construction involving Iowa Code section 321.555 (1983) which defines “habitual offender” and can lead to a judgment of the district court revoking the driving privileges of persons who habitually violate motor vehicle laws. The State commenced this civil action to have defendant’s operator’s license revoked because within a period of six years he had accumulated five convictions for driving while intoxicated. The trial court, on proper notice to defendant, held the show cause hearing provided in section 321.558. At the hearing the State introduced in evidence, without objection from defendant, a certified copy of his record of convictions. Defendant had been convicted five times of operating a motor vehicle while under the influence of alcohol or drugs: in Missouri on June 11, 1976, April 21, 1977 and May 11, 1977; in Minnesota on May 19, 1982; and in Iowa on October 11, 1982. On that essentially undisputed record, however, the trial court dismissed the State's petition on two grounds: (1) out-of-state convictions for driving while intoxicated could not be counted in determining whether defendant was a habitual offender, and (2) the action was untimely. Disagreeing with the trial court on both grounds, we reverse and remand with directions that the district court revoke defendant’s license to operate a motor vehicle.

Iowa Code section 321.555 (1983) defines “habitual offender” in part as follows:

As used in this division, “habitual offender” means any person who has accumulated convictions for separate and distinct offenses described in subsections 1, 2, or 3, committed after July 1, 1974, for which final convictions have been rendered, as follows:
1. Three or more of the following offenses, either singularly or in combination, within a six-year period:
a. Manslaughter resisting from the operation of a motor vehicle.
b. Operating a motor vehicle in violation of section 321.281.
c. Driving a motor vehicle while operator’s or chauffeur’s license is suspended or revoked.
d. Perjury or the making of a false affidavit or. statement under oath to the department of public safety.
e. An offense punishable as a felony under the motor vehicle laws of Iowa or any felony in the commission of which a motor vehicle is used.
f. Failure to stop and leave information or to render aid as required by section 321.263.

(Emphasis added.) When the district court finds at the conclusion of a show cause hearing that a person is a habitual offender, the court is required to enter an appropriate judgment revoking the person’s operator’s license for a period of not less than two nor more than six years. Iowa Code §§ 321.558-.560 (1983).

We first address the trial court’s determination that the out-of-state convictions could not be counted in determining whether defendant was a habitual offender, then [401]*401its alternate holding that the action was not timely.

I. May Out-of-State Convictions be Counted?

The trial court dismissed the action, along with the State’s several arguments concerning legislative intent, by quoting a portion of the statute and then stating:

It is quite apparent that although the respondent has been convicted of OM-VUI on three different occasions in Missouri and on one occasion in Minnesota, he has not been convicted of a violation of 321.281 in those other states.

The trial court did not specifically address the State’s several arguments based on the wording of the statute and principles for ascertaining legislative intent. Perhaps the trial court was influenced in part by the State’s apt concession, with reference to Iowa Code chapters 321 through 321C, that “Iowa’s law of the road is not a model of organization or clarity.” Nevertheless, our task is to apply appropriate principles of statutory construction in deciding what the words of the statute mean, ever mindful of “the polestar of all statutory construction — the search for the true intention of the legislature.” Iowa National Industrial Loan Co. v. Iowa State Department of Revenue, 224 N.W.2d 437, 439 (Iowa 1974). When we consider not only the wording of Iowa’s several habitual traffic offender statutes but also the important purposes which they were designed to accomplish, we conclude that the trial court should have given defendant’s out-of-state convictions the same effect as convictions in Iowa courts.

A. Wording of Section 321.555. Defendant argues, and the trial court decided, that only Iowa convictions for driving while intoxicated are referred to in section 321.-555(l)(b), because that subsection refers specifically to a particular Iowa criminal offense — “Operating a motor vehicle in violation of section 321.281.” One of the elements of that criminal offense is the operation of a motor vehicle “upon the public highways of this state.” Iowa Code § 321.-281(1) (1983).

We note, however, that the first paragraph of section 321.555 which defines “habitual offender” includes the more general word “described” — “separate and distinct offenses described in subsections 1, 2 or 3.” (Emphasis added.) A conviction for driving while intoxicated in another state may arguably be a conviction for an offense “described” in section 321.281 if both Iowa and the other state require proof of essentially the same elements to support a conviction for that offense.

The State makes another telling argument about the meaning of subsection 321.-555(l)(b) based on a recent change in its wording and the reason for that change. Prior to July 1, 1982, that subsection did not refer specifically to section 321.281 which defines the Iowa crime of driving while intoxicated; rather, it read:

b. Driving a motor vehicle while under the influence of an alcoholic beverage or a controlled substance as defined in section 204.101 [the section which identified certain controlled substances].

Iowa Code section 321.555(l)(b) (1981). In that form its wording was similar to subsections a, c, d, and e of section 321.555(1) which described traffic-related offenses without referring to their specific Iowa Code section numbers. Out-of-state convictions could readily be included within that earlier version of subsection b which more generally described the offense of driving while intoxicated. Moreover, the specific reference in subsection b to section 321.281 was added during the same session in which the legislature included in section 321.281 a new offense — driving with a blood alcohol level of .13 or greater. See 1981 Iowa Acts ch. 103, § 6, 1982 Iowa Acts ch. 1167 § 10.

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Bluebook (online)
347 N.W.2d 398, 48 A.L.R. 4th 355, 1984 Iowa Sup. LEXIS 1119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-peterson-iowa-1984.