People v. Buzard

PEEK, J. Lyman E. Buzard appeals from a judgment following his conviction of a violation of section 4000 of the Vehicle Code, a misdemeanor.1 His attempt by way of prohibition to foreclose the instant proceedings was unsuccessful. (Buzard v. Justice Court, 198 Cal.App.2d 814 [18 Cal.Rptr. 348].)

Defendant is an officer in the United States Air Force. At all times herein pertinent he was a resident of the State of Washington and was stationed at Castle Air Force Base in Merced County, California. Between September 3 and December 19, 1959, he was temporarily assigned to duty for military training at Maxwell Air Force Base in Alabama. While there he purchased an automobile, which he registered in that state in his name, and obtained Alabama license plates valid through September 30, 1960.

On defendant’s return to Castle Air Force Base he drove his automobile from Alabama and has regularly used it in California since that time. While so using it he was stopped by a highway patrol officer and advised that the vehicle was required to be registered in California. He thereafter attempted to register the automobile but was informed by an official of the Department of Motor Vehicles that he could not do so without first making a payment in excess of $100 in fees and penalties. He refused to make the demanded payment and his arrest under section 4000 followed on April 11. 1960.

Defendant’s refusal to make payment of the fees and penalties and his defense against the instant charges are based on the contention that section 4000, insofar as it required the payment of fees and penalties, did not apply to him because of the Soldiers’ and Sailors’ Civil Relief Act of 1940. (50 U.S.C.A. App. § 574.) That act provides in section 574, subdivision (1) that “the personal property” of a serviceman “for purposes of taxation” shall not be deemed to have [835]a situs in any state of which he is not a resident. In subdivision (2) automobiles are included as “personal property” within the meaning of the statute and the term “taxation” is applied to automobile licenses, fees and excises “Provided, That the license, fee, or excise required by the State ... of which the person is a resident or in which he is domiciled has been paid.”2

The applicable statute of defendant’s domiciliary state provides: “it shall be unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display number plates. . . .” (Rev. Code of Wash., §46.16.010.) Prior to his arrest defendant did not drive his automobile into or otherwise enter the State of Washington after the purchase of the vehicle, nor did he register the automobile there.3