SOTO v. STATE, 326 P.3d 526

On May 17, 2012, Maximino Manuel Soto was stopped in Beaver County, Oklahoma while driving a refuse collection truck for a private company contracted by municipalities.
Trooper suspected the truck exceeded statutory weight limits under 47 O.S.2011 § 14-109; weighing confirmed it was overweight.
Soto was charged, tried non-jury, convicted of Overweight Vehicle, and fined $290 plus costs and fees.
Soto argued his truck fell within the statutory exception for utility/refuse collection vehicles (§ 14-109(E)) and thus the weight limits did not apply.
The State conceded the truck was a "refuse collection vehicle" but contended the exemption only applies if the vehicle owner purchased the annual special overload permit required by § 14-109(G).
The trial court rejected Soto's argument; on appeal the Court of Criminal Appeals reviewed whether the exception in subsection E requires purchase of the subsection G permit.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a refuse collection vehicle qualifies for the § 14-109(E) weight exception without purchasing the annual special overload permit in § 14-109(G)	Soto: exception applies and no permit purchase is required for exempt status	State: exemption applies only to vehicles "operating under exceptions" that have purchased the § 14-109(G) annual permit	Court: Permit required; exemption contingent on purchasing the annual special overload permit; conviction affirmed

Wallace v. State, 935 P.2d 366 (1997) (statutory language must be given its plain and ordinary meaning)
State v. Anderson, 972 P.2d 32 (1998) (purpose of statutory construction is to effect legislative intent)