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State v. Richardson

4/3/1992

SPECIAL CONCURRENCE


HARTZ, Judge (Specially Concurring).


I concur in the result and virtually all of Judge Apodaca's opinion. Judge Apodaca's opinion thoroughly examines the usage of the terms "vehicle" and "farm tractor" in the Motor Vehicle Code and establishes that the word "vehicle" encompasses "farm tractor." When the language of a statute so convincingly compels a particular construction, I do not think that we should then "throw in" a policy argument to buttress the result. In particular, I find it irrelevant whether a farm tractor veering into highway traffic would be more or less dangerous than a similarly operated automobile.




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