State v. Johnson12/20/2000
n that the instructions [adopted by this Court from proposals by standing committees of the Court] are correct statements of law." State v. Wilson, 116 N.M. 793, 796, 867 P.2d 1175, 1178 (1994). Because we have not previously considered UJI 14-4511, however, the Court of Appeals was not bound by the UJI in its interpretations of Section 66-8-102 and had the authority to analyze whether UJI 14-4511 constitutes a correct statement of New Mexico law. Id. at 795-96, 867 P.2d at 1177-78; accord State v. Parish, 118 N.M. 39, 47, 878 P.2d 988, 996 (1994).
In analyzing UJI 14-4511, the Court of Appeals characterized as dicta our statement in Boone, 115 N.M. at 226 n.1, 731 P.2d at 369 n.1, that the phrase "upon a highway" from the statutory definition of "driver" does not apply to the crime of DWI, and further determined that UJI 14-4511 "more faithfully reflects the statutory language" than footnote 1 in Boone. Wenger, 1999-NMCA-092, 15. While we agree with the Court of Appeals that footnote 1 in Boone was dicta and not binding authority, the Court of Appeals should give such language adequate deference and not disregard it summarily. See Fields v. D & R Tank & Equip. Co., 103 N.M. 141, 144, 703 P.2d 918, 921 (Ct. App. 1985). Contrary to the Court of Appeals analysis, as discussed above, UJI 14- 4511 does not faithfully reflect the pertinent statutory language of Sections 66-8-102, 66-7-2, and 66-1-4.4(K). As we have made clear in our earlier discussion, Section 66-8-102 does not create a geographical distinction based on whether an individual is driving or in actual physical control of a vehicle. Moreover, the committee's interpretation of the application of UJI 14-4511 is confusing. Pursuant to the commentary, a person who is in actual physical control of an "off- highway vehicle" can be found guilty of DWI regardless of whether the "off-highway vehicle" is on public or private property. Conversely, a person can not be found guilty of DWI if he or she is driving a traditional "vehicle," as distinguished from an "off- highway vehicle," if that vehicle is on private property. We have found no case law and can discern no rationale for distinguishing between actual physical control of a traditional "vehicle" and actual physical control of an "off-highway vehicle." Cf. State v. Padilla, 1997-NMSC-022, 9, 123 N.M. 216, 937 P.2d 492 (concluding that the committee commentary for the UJI did "not withstand scrutiny"). Accordingly, we find that UJI 14- 4511, and its accompanying commentary is a misstatement of law and, as such, it is disapproved.
V.
The purpose of our DWI legislation is to protect the public from the risk of harm posed by intoxicated drivers. See Johnson, 108 N.M. at 634, 776 P.2d at 1253. "A motor vehicle is regarded as a source of danger when operated carelessly or by one whose responsiveness is diminished by intoxication." City of Kansas City v. Troutner, 544 S.W.2d 295, 299 (Mo. Ct. App. 1976). Intoxicated drivers place the public, as well as themselves, at risk. See Harrison, 115 N.M. at 77, 846 P.2d at 1086. As such, the potential harm that can result is much greater than if the intoxicated driver was the only one in danger. See id. Therefore, "the public's interest in deterring individuals from driving while intoxicated is compelling." Id. The policy underlying the DWI statute is to "prevent individuals from driving or exercising actual physical control over a vehicle when they, either mentally or physically, or both, are unable to exercise the clear judgment and steady hand necessary to handle a vehicle with safety both to themselves and the public." Id.; see also Richardson, 113 N.M. at 742, 832 P.2d at 803. In fact, the pub
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