SOTO v. STATE, 2014 OK CR 2

On May 17, 2012, Maximino Manuel Soto was stopped in Beaver County, OK while driving a refuse collection truck contracted to collect waste and haul it to a Kansas landfill.
An Oklahoma Highway Patrol trooper suspected the vehicle exceeded statutory weight limits after observing its tires; weighing confirmed the truck was overweight.
Soto was charged and, after a non-jury trial, convicted of violating 47 O.S.2011 § 14-109 (Overweight Vehicle) and fined $290 plus costs.
Soto argued his truck qualified under the statutory exception for utility/refuse collection vehicles in § 14-109(E).
The State conceded the vehicle met the definition of a refuse collection vehicle but contended the statutory exception in § 14-109(E) is conditioned on purchasing the annual special overload permit required by § 14-109(G).
The sole legal question was whether the § 14-109(E) exception applies without purchasing the § 14-109(G) special overload permit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a refuse collection vehicle qualifies for the § 14-109 weight exception without purchasing the special overload permit	Soto: exception in § 14-109(E) applies to refuse collection vehicles, so the truck is exempt from the weight limit	State: § 14-109(E) exception applies only if the vehicle is "operating under exceptions," which per § 14-109(G) requires purchase of the $100 annual special overload permit	Court: Held permit purchase is required; affirmed conviction and fine

Wallace v. State, 935 P.2d 366 (1997) (statutes construed by plain and ordinary meaning)
State v. Anderson, 972 P.2d 32 (1998) (legislative intent governs statutory construction)