SOTO v. STATE, 2014 OK CR 2

On May 17, 2012, Maximino Manuel Soto was stopped in Beaver County, Oklahoma while driving a refuse collection truck owned by his employer; weighing showed the truck exceeded statutory weight limits.
Soto was charged and convicted (non-jury) of violating 47 O.S.2011, § 14-109 (Overweight Vehicle) and fined $290 plus costs.
Section 14-109(E) creates an exception to weight limits for "utility or refuse collection vehicles" used by municipalities or private contractors, allowing up to a 15% excess gross vehicle weight and imposing axle component limits.
Section 14-109(G) requires vehicles "operating under exceptions" (including refuse collection vehicles) to purchase an annual special overload permit for $100.
Soto argued the statutory weight limits did not apply because his truck was a refuse collection vehicle covered by the E exception and (implicitly) that he need not have the permit; the State conceded the vehicle was a refuse collection vehicle but contended the owner had to purchase the permit under G.
The sole legal question was whether the E exemption applies without purchasing the G annual overload permit. The Court affirmed the conviction, holding the permit was required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether refuse collection vehicles qualify for the E exemption without purchasing the G annual overload permit	Soto: E exemption applies so weight limits do not apply to his truck (no permit required)	State: E exemption applies only if vehicle owner purchased the annual overload permit required by G	Court: G requires vehicles "operating under exceptions" to buy the $100 permit; exemption not available without permit; conviction affirmed

Wallace v. State, 935 P.2d 366 (1997 OK CR) (statutory construction: apply plain and ordinary meaning)
State v. Anderson, 972 P.2d 32 (1998 OK CR) (court’s role to ascertain legislative intent and give effect to statute)