Summary 2011 WY 19

Summary of Decision February 9, 2011

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Case Name: Parks v. State

Citation: 2011 WY 19

Docket Number: S-10-0136

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=461739

Appeal from the District Court of Natrona County, Honorable Scott W. Skavdahl, Judge

Representing Appellant (Defendant): Diane M. Lozano, State Public Defender; Tina N. Olson, Appellate Counsel; David E. Westling, Senior Assistant Appellant Counsel.

Representing Appellee (Plaintiff): Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Paul S. Rehurek, Senior Assistant Attorney General.

Date of Decision: February 9, 2011

Facts: Appellant was charged with a third offense for possession of a controlled substance, a felony under Wyo. Stat. Ann. § 35-7-1031(c)(i). He entered a conditional guilty plea and reserved the right to appeal the district court’s decision denying his motion to suppress.

Issues: Whether he district court erred in finding that there was probable cause to stop Appellant’s vehicle for an improper display of a license plate under Wyo. Stat. 31-2-205.

Holdings: Wyo. Stat. 31-2-205 provides that a license plate be plainly visible and clearly legible. This language is unambiguous. “Visible” means “capable of being seen,” “perceptible by vision,” “easily seen,” “conspicuous.” “Plainly” means “with clarity of perception or comprehension,” “clearly,” “in unmistakable terms.” “Legible” means “capable of being read or deciphered,” “distinct to the eye,” “plain.” The requirements that a license plate be “plainly visible” and “clearly legible” indicate that a license plate must not be obstructed in any manner. This interpretation is in accord with the purpose of the statute. License plates need to be easily read in order to facilitate law enforcement and ordinary citizens in reporting and investigating hit-and-run accidents, traffic violations, gas-pump drive offs, and other criminal activity. The plain language and the purpose of the statute indicate that a trailer ball mounted in a place that causes it to partially obstruct a license plate from view, such as on Appellant’s vehicle, is a violation of Wyo. Stat. 31-2-205. Thus, the traffic stop in this case was justified based on an observed violation of Wyo. Stat. 31-2-205.

Affirmed.

J. Burke delivered the opinion for the court.