8 N.W.2d 13 | Minn. | 1943
On September 25, 1941, petitioner was convicted in the municipal court of Springfield of the offense of driving and operating a motor vehicle while under the influence of intoxicating liquor in violation of an ordinance of that city and was sentenced to pay a fine of $50. He appealed to the district court, where he was convicted on December 22, 1941, of the same offense. He was sentenced to pay, and paid, a fine of $50. This was his first conviction for such an offense, and he had not theretofore been convicted of violating any other traffic regulation or law.
Upon being notified of this conviction, the commissioner revoked petitioner's driver's license. On April 22, 1942, petitioner filed his petition, pursuant to Minn. St. 1941, §
1. The sole question presented by this appeal is whether petitioner's driver's license was subject to revocation by the commissioner upon a first conviction of drunken driving, no recommendation being made therefor by the court before which the conviction was had. A determination of this issue necessitates a consideration of L. 1939, c. 401, § 17, Minn. St. 1941, § 171-17 (Mason St. 1940 Supp. § 2720-145b); L. 1941, c. 552, § 1, Minn. St. 1941, §
The drivers license law had its inception in L. 1933, c. 352. Section 10 (a) (2) thereof, or Minn. St. 1941, §
The inconsistency and ambiguity of these two sections of the law are immediately apparent. Under the 1939 drivers license law (L. 1939, c. 401, § 17[2]), the commissioner was required to revoke without regard to a recommendation of the court on first conviction of drunken driving. Under the highway traffic regulation act (L. 1939, c. 430, § 4[b]), revocation could be had only upon recommendation of the court upon a first conviction. This ambiguity precipitated the case of Ausman v. Hoffmann,
In 1941, at the first session of the legislature after the Ausman case, the matter of revocation of drivers' licenses for drunken driving was again considered, for the very apparent purpose of clarifying the question as to the authority of the commissioner to revoke on first conviction without a recommendation of the court. At that session, L. 1941, c. 552 and c. 517, came into being and were passed on the same day. Section 1 of c. 552, or Minn. St. 1941, §
2. L. 1941, c. 552, § 1, after providing that Mason St. 1940 Supp. § 2720-176 (L. 1939, c. 430, § 4) "is hereby amended to read as follows," then wholly omits certain provisions, including the requirement of recommendation by the court before a license could be revoked on a first conviction of drunken driving. This operated to repeal all the provisions not embraced in the amendment. 6 Dunnell, Dig. Supp. § 8928, and cases there cited. When an amendatory act is a substitute for the original statute, it repeals those portions of the prior statute which it omits. Mannheimer Bros. v. Kansas C. S. Co.
Here the provisions so repealed were those appearing as L. 1939, c. 430, § 4(b), (Mason St. 1940 Supp. § 2720-176), to-wit:
"Upon a first conviction of any person hereunder the commissioner shall revoke his driver's license when and as such revocation is recommended by the court before which such conviction was had. Upon a second or subsequent conviction of any person under this section, the commissioner shall revoke his driver's license. Any person whose driver's license has been revoked, refused, suspended or cancelled may file a petition for a hearing in the matter in the District Court in the county wherein such person is residing, for the purpose of having said license reinstated in the discretion of said District Court."
As to the first change, which repealed the provision requiring recommendation by the court in case of revocation on a first conviction of driving while intoxicated, it was clearly the intention *351 of the legislature to eliminate the inconsistency in the previous statutes as to the commissioner's right to revoke upon first conviction, as discussed in the Ausman case.
As to the second change, which eliminated the provision that upon a second or subsequent conviction the commissioner should revoke a driver's license, and which then inserted, after the penalty clause, the provision: "and his license to drive shall be revoked for not less than 90 days," it might seem at first blush that the legislature intended that there should be a revocation only for a second conviction, and that for a minimum of 90 days. However, in considering chapters 517 and 552 of L. 1941 together and in connection with the other material provisions of the statutes, it becomes clear that such is not the case. Subd. (3) of § 1 of c. 517, or Minn. St. 1941, §
The third change in the statute, which removes the language pertaining to the right to petition for a hearing in the district court, was to avoid duplication. This same subject matter is covered by Minn. St. 1941, §
3. Chapters 552 and 517, L. 1941, considered together with the pertinent provisions of the highway traffic regulation act, the safety responsibility act, and the drivers license law, are in complete harmony and indicate a clear intention of the legislature to provide the commissioner with authority to revoke a license after a first conviction of driving an automobile while intoxicated. The intention of the legislature to require a revocation of license on first conviction of driving while intoxicated without a recommendation of court is further emphasized in the fact that the drivers license law, Minn. St. 1941, §
"Construction lies wholly in the domain of ambiguity. If the language of a statute is plain and unambiguous, there is no room for construction. A statute is to be enforced literally as it reads, if its language embodies a definite meaning which involves no absurdity or contradiction. In such a case the statute is its own best expositor." See cases cited thereunder. *353
We find this general rule applicable here, that when language is unambiguous the clearly expressed intention of the legislature must be given effect and that there is no room for construction. State ex rel. Mergens v. Babcock,
In the memorandum attached to the court's order it is apparent that the words "suspension" and "revocation" were used interchangeably and synonymously in considering the pertinent provisions of the statutes. Minn. St. 1941, §
4. The offense of driving an automobile while intoxicated has created one of the worst menaces and hazards to society existing upon our public highways. The loss of life and damage to property caused thereby is appalling. To protect the public from this danger, the legislature has seen fit to provide by law that, upon a first conviction of driving an automobile while intoxicated, the driver's license shall be revoked by the commissioner. We should not thwart such a salutary and commendable purpose of the legislature by a construction that does violence to the clear and unambiguous language of the statutes. We hold, therefore, that the commissioner is required to revoke a driver's license upon a first conviction of the offense of driving a motor vehicle while under the influence of intoxicating liquor without a recommendation by the court before which the conviction was had.
Reversed. *355