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State v. Richardson4/3/1992
APODACA, Judge.
The state appeals the district court's order dismissing the state's complaint against defendant. Defendant was charged with driving under the influence of intoxicating liquor (a criminal charge commonly referred to by the acronym DWI, which we also use in this opinion to describe the charge) in violation of NMSA 1978, Section 66-8-102(A) (Cum. Supp. 1991) (the DWI statute). The specific issue we address on appeal is whether a farm tractor with a mower attachment is a "vehicle" under the language of the DWI statute, which is a part of the Motor Vehicle Code, NMSA 1978, Section 66-1-1 through 66-12-23 (the Code). We answer this question affirmatively and therefore reverse the district court's dismissal order.
BACKGROUND
On August 27, 1990, defendant was operating a John Deere tractor with an attached rotary mower. Defendant was mowing weeds on the south side of a non-paved roadway maintained by the county. A dispute exists with respect to whether at least one wheel of the tractor was in the traffic lane of the road, a fact we consider inconsequential to our Disposition. While operating the tractor, defendant unknowingly snagged a fence, dragged it, and caused a mailbox attached to the fence to be uprooted. A short time later, defendant was stopped by a sheriff's deputy. Defendant had difficulty dismounting the tractor and had to be helped by the deputy. The deputy detected a strong odor of alcohol. Defendant told the deputy he had consumed approximately ten beers. Defendant was convicted in the magistrate court of DWI. On appeal to the district court, defendant moved for dismissal on the basis that a farm tractor is not a vehicle under the DWI statute. The district court agreed and granted defendant's motion. This appeal followed.
{PA}
Page 741} Discussion
The DWI statute states that "it is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this state." § 66-8-102(A) (emphasis added). Additionally, the Code elsewhere defines the term "vehicle" as "every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved exclusively by human power or used exclusively upon stationary rails or tracks." NMSA 1978, § 66-1-4.19(B) (Cum. Supp. 1991). The Code also defines the more-limited term "motor vehicle" as "every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails." § 66-1-4.11(I) (Cum. Supp. 1991).
In addressing the question raised in this appeal, our primary focus is to give effect to the intention of the legislature. See . In doing so, we examine the language used in the relevant statutes. See . If the language is clear and the meaning of the words used is unambiguous, then a common-sense reading of the statutes will suffice, with no construction necessary. See ; .
The Code defines "farm tractor" as "every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry." § 66-1-4.6(A) (Cum. Supp. 1991) (emphasis added). As noted earlier, a motor vehicle is defined as every vehicle that is self-propelled. Thus, because a farm tractor is expressly defined by the pertinent statute as a motor vehicle, it necessarily follows that it is also a vehicle (we reason that a "motor vehicle" is but a subset or
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