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; the vehicle was found to be overweight under 47 O.S.2011 § 14-109.
Soto was prosecuted in a misdemeanor, non-jury trial for violating the statutory vehicle weight limits and was fined $290 plus $206.50 in costs and fees.
Section 14-109(E) creates an exception to weight limits for utility or refuse collection vehicles operated by cities/counties or by private contractors, allowing up to 15% excess gross vehicle weight and restricting interstate operation.
Section 14-109(G) requires utility or refuse collection vehicles "operating under exceptions" to purchase an annual special overload permit for $100.
Soto argued his truck fell within the E exception and therefore was not subject to the statute’s weight limit enforcement without the permit; the State conceded the vehicle type but argued the owner had to have purchased the G permit to qualify for the exception.
The sole legal question presented was whether the E exemption applies to a refuse collection vehicle absent purchase of the subsection G annual special overload permit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a refuse collection vehicle qualifies for the §14-109(E) exemption without purchasing the §14-109(G) annual overload permit	Soto: exemption applies to refuse collection vehicles as written; no permit purchase required to claim the exception	State: vehicles "operating under exceptions" must purchase the annual special overload permit under §14-109(G) to qualify for the exception	The court held the exemption is conditioned on purchasing the annual special overload permit; conviction and fine affirmed

Wallace v. State, 935 P.2d 366 (1997 OK CR 18) (statutory language construed according to plain and ordinary meaning)
State v. Anderson, 972 P.2d 32 (1998 OK CR 67) (legislative intent controls statutory construction)