State v. Warriner

675 N.W.2d 112, 267 Neb. 424, 2004 Neb. LEXIS 25
CourtNebraska Supreme Court
DecidedFebruary 20, 2004
DocketS-03-522
StatusPublished
Cited by65 cases

This text of 675 N.W.2d 112 (State v. Warriner) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Warriner, 675 N.W.2d 112, 267 Neb. 424, 2004 Neb. LEXIS 25 (Neb. 2004).

Opinion

*425 Gerrard, J.

Waldo F. Warriner appeals from his conviction and sentence for driving under the influence of alcohol. The issue presented in this appeal is whether Warriner violated the Nebraska Rules of the Road, Neb. Rev. Stat. § 60-601 et seq. (Reissue 1998 & Supp. 2001), by driving his pickup truck with the hazard lights activated.

BACKGROUND

The facts surrounding Warriner’s arrest are undisputed. Wallace Holz, a Bloomfield, Nebraska, city police officer, was at the Bloomfield police station in the early morning hours of April 10,2002, when he saw a pickup truck pass his office with its hazard lights activated. Holz left the office and pursued the truck in his police vehicle. While pursuing the truck, Holz saw the truck weaving within its lane; however, Holz was unable to testify at trial whether the weaving occurred before or after the truck left the city limits of Bloomfield. Holz caught up to and stopped the truck about half a mile outside Bloomfield and identified the driver as Warriner. Holz observed Warriner and suspected that Warriner was under the influence of alcohol. Warriner was arrested, and a subsequent blood test revealed a blood alcohol content of .268 grams of alcohol per 100 milliliters of blood.

Warriner was charged in the county court on April 25, 2002, with driving under the influence, a Class W misdemeanor. Warriner entered a plea of not guilty and filed a motion to suppress evidence resulting from the stop of his vehicle, on the basis that the stop was not based upon reasonable suspicion. On October 28, the county court overruled Warriner’s motion to suppress. Warriner was found guilty of driving under the influence and sentenced accordingly. Warriner appealed to the district court, which affirmed the judgment of the county court. Warriner appeals.

ASSIGNMENTS OF ERROR

Warriner assigns that the county court erred in failing to sustain (1) his motion to suppress and (2) his objection at trial to evidence gathered from the stop of his pickup truck.

STANDARD OF REVIEW

In reviewing a trial court’s ruling on a motion to suppress evidence, ultimate determinations of reasonable suspicion are *426 reviewed de novo by an appellate court, while findings of historical fact are reviewed for clear error, giving due weight to the inferences drawn from those facts by the trial judge. State v. Lee, 265 Neb. 663, 658 N.W.2d 669 (2003).

The meaning of a statute is a question of law. State v. Loyd, 265 Neb. 232, 655 N.W.2d 703 (2003). On a question of law, an appellate court is obligated to reach a conclusion independent of the determination reached by the court below. State v. Mata, 266 Neb. 668, 668 N.W.2d 448 (2003).

ANALYSIS

Warriner argues that the evidence against him is the fruit of an illegal seizure, because, according to Warriner, Holz did not have reasonable suspicion, while inside the city limits of Bloomfield, to pursue and detain Warriner. Neb. Rev. Stat. § 29-215(2)(b) (Cum. Supp. 2002) provides that a police officer,

if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow such person anywhere in an area within twenty-five miles of the boundaries of the law enforcement officer’s primary jurisdiction and there arrest and detain such person and return such person to the law enforcement officer’s primary jurisdiction[.]

The only ground for suspicion that Warriner had committed a misdemeanor or a traffic infraction, that the record shows to have indisputably occurred within the city limits of Bloomfield, is his operation of his truck with its hazard lights activated. If Warriner’s use of his hazard lights was a violation of the Nebraska Rules of the Road, then Holz was authorized to pursue Warriner outside Bloomfield pursuant to § 29-215(2)(b) and had probable cause to stop the vehicle. See State v. Bartholomew, 258 Neb. 174, 602 N.W.2d 510 (1999) (traffic violation, no matter how minor, creates probable cause to stop driver of vehicle). Thus, the parties agree that the issue in this appeal is whether use of hazard lights on a moving vehicle violates § 60-6,230, which states:

(1) Except as provided in sections 60-6,231 to 60-6,233 and subsections (4) and (5) of this section, no person shall operate any motor vehicle or any equipment of any description on any highway in this state with any rotating or flashing light.
*427 (2) Except for stop lights and directional signals, which may be red, yellow, or amber, no person shall display any color of light other than red on the rear of any motor vehicle or any equipment of any kind on any highway within this state.
(3) Blue and green lights may be displayed on vehicles of the Military Department for purpose of convoy control when on any state emergency mission.
(4) A single flashing white light may be displayed on the roof of school transportation vehicles during extremely adverse weather conditions.
(5) Blue and amber rotating or flashing lights may be displayed on vehicles used for the movement of snow when operated by the Department of Roads or any local authority.

(Emphasis supplied.)

The term “hazard lights,” as we use it here and as it is commonly understood, refers to “an emergency switch for flashing all directional tumsignals simultaneously.” See § 60-6,220. Hazard lights on vehicles are generally activated only when a vehicle is disabled or if it is parked where operators of other vehicles need to be warned to use unusual care in approaching, overtaking, or passing it. See, id.; State v. Blair/Vanis, 171 Or. App. 162, 14 P.3d 660 (2000).

It is evident that the use of hazard lights while driving is proscribed by the plain language of § 60-6,230(1). Hazard lights are undoubtedly “flashing lights,” and § 60-6,230(1) plainly prohibits the operation of a motor vehicle, on any highway of this state, with any flashing light, except as otherwise specifically allowed by statute. Statutory language is to be given its plain and ordinary meaning. State v. White, 256 Neb. 536, 590 N.W.2d 863 (1999). If the language of a statute is clear, the words of such statute are the end of any judicial inquiry regarding its meaning. State v. Jones, 258 Neb.

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Cite This Page — Counsel Stack

Bluebook (online)
675 N.W.2d 112, 267 Neb. 424, 2004 Neb. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-warriner-neb-2004.