Incorporated County of Los Alamos v. Johnson

OPINION

SCARBOROUGH, Justice.

Sometime after midnight on July 18, 1986, a uniformed officer of the Los Ala-mos Police Department observed Johnson driving in an erratic manner. The police officer suspected Johnson was DWI and elected to make a traffic stop. The police officer turned on his emergency lights, and at first it appeared Johnson would pull over and stop at a point approximately one-half mile from the Los Alamos-Santa Fe County Line. Johnson, however, did not pull over but continued to drive for a distance of approximately one mile after the police officer turned on his emergency lights. Johnson finally pulled over and stopped at a point approximately one-half mile beyond the county line, in Santa Fe County. The police officer determined that Johnson was DWI and arrested him. Johnson consented to a blood alcohol test which revealed his blood contained a .10 percent alcohol by weight. Johnson was found guilty of DWI by the Los Alamos Municipal Court and appealed for de novo review by the district court.

Johnson argued on appeal to the district court that the arresting officer had no authority to arrest him in Santa Fe County under NMSA 1978, Section 31-2-8 (Repl. Pamp.1984) of the Fresh Pursuit Act. After a non jury trial, the district court upheld the verdict rendered by the municipal court. Johnson appealed to the court of appeals which reversed the district court. We reverse the court of appeals.

The issue we are asked to address on certiorari is whether Section 31-2-8 of the Fresh Pursuit Act authorizes a municipal police officer to make an extraterritorial arrest for DWI. We find that it does.

When interpreting a statute we seek to determine and give effect to the legislative intent. Smith Mach. Corp. v. Hesston, Inc., 102 N.M. 245, 694 P.2d 501 (1985). The provisions of a statute must be read together with other statutes in pari materia to ascertain legislative intent. Quintana v. New Mexico Dep’t of Corrections, 100 N.M. 224, 668 P.2d 1101 (1983), rev’d on other grounds, Devine v. New Mexico Dep't of Corrections, 866 F.2d 339 (10th Cir.1989). We presume that the legislature is well informed as to existing statutory and common law and does not intend to enact a nullity, and we also presume that the legislature intends to change existing law when it enacts a new statute. State ex rel. Bird v. Apodaca, 91 N.M. 279, 284, 573 P.2d 213, 218 (1977). When several statutes relate to the same subject matter, we will, if possible, construe them in such a fashion as to give effect to every provision of each. First Nat’l Bank v. Southwest Yacht & Marine Supply Corp., 101 N.M. 431, 436, 684 P.2d 517, 522 (1984). While normally bound to follow legislative definitions, we are not so bound when a particular definition would result in an unreasonable classification. 1A, N. Singer, Sutherland Statutory Construction, § 20.08 (4th ed. 1985). In such a case, we look to the intent of the language employed by the legislature rather than to the precise definition of the words themselves. State v. Nance, 77 N.M. 39, 45-6, 419 P.2d 242, 248-49 (1966), cert. denied, 386 U.S. 1039, 87 S.Ct. 1495, 18 L.Ed.2d 605 (1967). Finally, we seek to adopt a construction which will not render an- application of the statute absurd or unreasonable. State v. Nance, 77 N.M. at 46, 419 P.2d at 249.

Johnson argues on appeal that municipal police officers are not empowered to make extraterritorial DWI arrests because a DWI arrest under a local DWI ordinance carries only “petty misdemeanor” penalties rather than “misdemeanor” penalties, as required by Section 31-2-8 of the Fresh Pursuit Act. At the time Johnson was arrested, the Municipal Code provided that municipalities could enforce local ordinances by imposing penalties comparable to “petty misdemeanor” penalties. NMSA 1978, § 3 — 17—1(C) (Repl.Pamp.1985) (fines not exceeding $300 or imprisonment not exceeding ninety days or both); see also NMSA 1978, § 31-1-2(K) (Repl.Pamp.1984) of the Criminal Procedure Act (“misdemeanor” penalty is imprisonment in excess of six months but less than one year) and § 31-1-2(L) (“petty misdemeanor” penalty is imprisonment for six months or less). We do not adopt this constrictive reading of the Fresh Pursuit Act.

Over a decade ago, this Court recognized the common law doctrine that allows police officers to pursue and arrest a suspected felon beyond the boundaries of their jurisdiction. Benally v. Marcum, 89 N.M. 463, 553 P.2d 1270 (1976). When the legislature passed Section 31-2-8 authorizing the fresh pursuit and extraterritorial arrests of misdemeanants, we assume they were aware of the existing common law regarding fresh pursuit of felons and of “petty misdemeanor” and “misdemeanor” definitions in the Criminal Procedure Act and the penalty provisions for DWI convictions in NMSA 1978, Section 66-8-102(D) and (E) (Supp.1988) of the .Motor Vehicle Code. We believe the legislature intended in Section 31-2-8 to expand the fresh pursuit and extraterritorial arrest powers of county sheriffs and municipal police officers and that this expansion power included the authority for fresh pursuit and extraterritorial arrest of DWI suspects.

We recognize the public policy of removing DWI drivers from New Mexico roads in order to protect the public, and have previously termed the offense of DWI a “misdemeanor.” Boone v. State, 105 N.M. 223, 731 P.2d 366 (1986); State v. Manzanares, 100 N.M. 621, 674 P.2d 511 (1983), cert. denied, 471 U.S. 1057, 105 S.Ct. 2123, 85 L.Ed.2d 487. To adopt the reading of the Fresh Pursuit Act based upon an exercise in semantics as urged by Johnson would eviscerate the Act as it pertains to pursuit of DWI suspects. In addition to preventing fresh pursuit of DWI suspects by municipal police officers, Johnson’s interpretation would also unacceptably restrict the pursuit of DWI suspects by county sheriffs. Section 66-8-102(D) authorizes a sentence of not more than ninety days for a first conviction for DWI, which would fall within the “petty misdemeanor” definition in the Criminal Procedure Act. Section 66-8-102(E) authorizes sentences for second or subsequent DWI convictions which would fall within the “misdemeanor” definition. A peace officer in fresh pursuit of a DWI suspect, however, would have no way of determining whether a first, second or subsequent DWI conviction could result.

The Court of Appeals is reversed, and the judgment of the district court in the Johnson cause is reinstated.

IT IS SO ORDERED.

RANSOM, J., concurs. BACA, J., files a specially concurring opinion in which RANSOM, J., joins. SOSA, C.J., dissents.