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Leuer v. City of Flowood6/24/1999
, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving. Careless driving shall be considered a lesser offense than reckless driving." . . . .
He contends that the phrase "careless or imprudent manner" is vague and subjective and provides no objective criteria by which an individual is put on notice of what conduct the statute proscribes. This Court generally looks to the "plain meaning" of a statute. Jones v. Mississippi Employment Sec. Comm'n, 648 So. 2d 1138, 1142 (Miss. 1995). "Popular words in statutes must be accepted in their popular sense and we must attempt to glean from the statutes the legislative intent." Chandler v. City of Jackson Civil Serv. Comm'n, 687 So. 2d 142, 144 (Miss. 1997) (citing Mississippi Power Co. v. Jones, 369 So. 2d 1381, 1388 (Miss. 1979); Dennis v. Travelers Ins. Co., 234 So. 2d 624, 626 (Miss. 1970)). Looking at the "plain meaning" of the language to which Leuer objects, the statute echoes the familiar tort law standard, requiring that drivers on Mississippi roads exercise the same standard of care as a prudent person would in the same circumstances. Those few jurisdictions which have considered the constitutionality of language used in careless driving statutes have found that words communicating negligence or the absence thereof are not unconstitutionally vague. See, e.g., State v. Merithew, 371 N.W. 2d 110, 112 (Neb. 1985)("'carelessly or without due caution' are synonymous with 'negligently or without due care'"); State v. Hagge, 211 N.W. 2d 395, 397 (N.D. 1973)(statute requiring those traveling on highways to drive "in a careful and prudent manner" not unconstitutionally vague).
.When our careless driving statute is coupled with the rules of the road, Miss. Code Ann. §63-3-1 et seq., (1996 & Supp. 1998), there is specificity sufficient to withstand constitutional scrutiny. We, therefore, find no merit to appellant's contention that the careless driving statute is unconstitutional.
IV.
.For the foregoing reasons, Leuer's convictions for driving under the influence of intoxicating liquor and careless driving are affirmed.
.CONVICTION OF CARELESS DRIVING AND SENTENCED TO PAY $50 AND ASSESSMENT COST OF $19 AFFIRMED. CONVICTION OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND SENTENCED TO PAY $800 AND ASSESSMENT COST OF $137 AFFIRMED. LEUER IS ORDERED TO ATTEND THE MASEP DRIVING COURSE AND SERVE 36 HOURS IN THE RANKIN COUNTY JAIL.
PRATHER, C.J., SULLIVAN AND PITTMAN, P.JJ., SMITH, MILLS, WALLER AND COBB, JJ., CONCUR. McRAE, J., NOT PARTICIPATING.
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