State v. Drake
2017 Ohio 4336
Ohio Ct. App.2017Background
- On March 21, 2016, a head-on collision occurred on Wayne Road between a southbound white car and a north-facing trash truck driven by Charles Drake.
- Deputy Connin arrived, observed the trash truck stopped/parked facing the wrong direction on the paved surface, and testified Drake admitted the truck was parked wrong-way.
- The truck had headlights, top lights, and an amber strobe active at the time.
- Wayne Road is a two-lane road divided by a yellow centerline and lacks white edge (outside) lines.
- Drake was charged and convicted in municipal court of illegal parking under R.C. 4511.69(C)(1)(a); he moved for acquittal arguing the vehicle was not on a “road or highway” and that R.C. 4511.69(D)’s construction exception applied.
- The trial court denied the Crim.R. 29 motion, found Drake guilty, and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the truck was stopped/parked on a "road or highway" for R.C. 4511.69 purposes | State: truck was on the paved portion of Wayne Road and therefore on a highway | Drake: absence of white edge lines means no defined "boundary lines," so not a road/highway | Court: boundary lines are not defined by white edge lines; paved roadway is part of the highway — truck was on a road/highway |
| Whether the R.C. 4511.69(D) construction exception applied | State: exception does not apply because truck wasn’t engaged in work on a "facility" | Drake: truck was removing trash and thus engaged in removal of "facilities" under the exception | Court: "facility" in ordinary meaning is a built/installed thing for a purpose (e.g., hospital); trash is not a "facility," so exception does not apply |
Key Cases Cited
- State v. Pariag, 137 Ohio St.3d 81 (Ohio 2013) (statutory construction; apply clear unambiguous language)
- State ex rel. Carna v. Teays Valley Local School Dist. Bd. of Edn., 131 Ohio St.3d 478 (Ohio 2012) (avoid construing statutes to render provisions superfluous)
- State ex rel. Myers v. Spencer Twp. Rural School Dist. Bd. of Edn., 95 Ohio St. 367 (Ohio 1917) (principle against treating statutory parts as superfluous)
- State ex rel. Saltsman v. Burton, 154 Ohio St. 262 (Ohio 1950) (statutes should operate sensibly and avoid foolish results)
- State v. Anthony, 96 Ohio St.3d 173 (Ohio 2002) (give undefined statutory words their plain and ordinary meaning)