 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Justus v. State ex rel Department of Public Safety5/28/2002
reof." 47 O.S. 2001 § 1-142(b). Using the plain meaning of the statutory language, there are only two categories of public parking lots: (1) those on a right-of-way dedicated to public use and (2) those owned by the state or a political subdivision thereof. Because the Quail Ridge parking lot does not fall into either of the two categories, it is not a public parking lot for purposes of Oklahoma's implied consent statute.*fn3
Further, we reject DPS' suggestion that we should follow State v. Houston, 1980 OK CR 63, 615 P.2d 305, which held that a tavern parking lot was a public parking lot.*fn4 In deciding Houston, the Oklahoma Court of Criminal Appeals quoted the statutory definition of public parking lot in § 1-142(b), but did not apply the plain meaning of the statutory language. Rather, it interpreted the language broadly to include not only any parking lot that falls within the statutory definition but also "any parking lot which is adjacent to a right-of-way or which the general public has access to." Id. at 306.
We view the Court of Criminal Appeal's interpretation of § 1-142(b) as too broad in that it would make virtually every private parking lot a public parking lot for purposes of Title 47. "The general rule is that nothing may be read into a statute which is not within the manifest intention of the legislature as gathered from the act itself." Huffman v. Oklahoma Coca-Cola Bottling Co., 1955 OK 76, 281 P.2d 436, 440. "Where the language of the statute is clear in limiting its application ... and leaves no room for doubt as to the intention of the legislature, there is no authority to transcend or add to the statute, [and the statute] may not be enlarged, stretched, or expanded, or extended to cognate or related cases not falling within its provisions." Id.
In sum, the Legislature defined public parking lot for purposes of Title 47. The statutory definition is clear and unambiguous. Using the plain meaning of the statutory language, we hold that the Quail Ridge parking lot is not a public parking lot for purposes of Oklahoma's implied consent statute because it is not on a public right of way dedicated to public use and is not owned by the state or a political subdivision thereof. We vacate the opinion of the Court of Appeals and affirm the trial court's judgment.
CERTIORARI PREVIOUSLY GRANTED; COURT OF CIVIL APPEALS OPINION VACATED; TRIAL COURT JUDGMENT AFFIRMED.
Page 1 2 Oklahoma DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|