State v. Pollack

LEVINE, Justice,

dissenting.

Criminal statutes are to be strictly construed in favor of the defendant and against the Government. City of Bismarck v. Sholy, 430 N.W.2d 337, 338 (N.D.1988). An obvious purpose of Section 39-10-71 N.D.C.C. is to discourage car chases. The statute says that any driver who does not stop his vehicle or who otherwise flees or tries to elude, “in any manner”, a peace officer, when told to bring the vehicle to a stop, is guilty of a Class A Misdemeanor. Defendant here did bring his vehicle to a stop when told to do so and thus did not violate this statute. When we construe a criminal statute, we should hold the legislature to mean what it says, not what it meant to say but didn’t. Indeed, even if another construction were reasonable, the benefit of doubt should inure to the defendant. I would reverse.