Spilman v. California Highway Patrol

Opinion

STEIN, J. This appeal concerns the proper construction of Vehicle Code section 22651, subdivision (o).1 For the following reasons, we agree with the construction urged by respondent, Jack Spilman, and affirm.

On March 2, 1988, a California Highway Patrol (CHP) officer removed Spilman’s 1959 Peterbilt dump truck from a public highway pursuant to section 22651, subdivision (o).2 Subsequently, CHP issued a notice to appear for the registration violation. Spilman posted bail, as required by the notice, forfeited bail, and demanded release of the vehicle pursuant to subdivision (o).3 CHP refused to release the truck.

[62]On June 30, 1988, Spilman filed a petition for writ of mandate in the superior court, seeking release of the truck. The alternative writ was issued on July 22, 1988. On August 8, CHP filed an answer to the petition, denying the existence of any duty to release the truck.

On August 24, 1988, following a hearing, the superior court issued a minute order granting the petition, and stating that the meaning of the statute was clear. Judgment issuing the writ was filed on September 13. On September 16, CHP filed a return to the writ, a notice of appeal, and a request for a stay.

The relevant portion of the statute at issue provides for removal of vehicles from the highway when the registration expiration date is in excess of one year. The statute also provides: “For purposes of this subdivision, the vehicle shall be released to the owner or person in control of the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration. In lieu of obtaining proof of current registration, the storing agency may, in its discretion, issue a notice to appear for the registration violation.”

Spilman argues that the words “In lieu of’ describe alternative choices. Thus, under this interpretation, CHP may hold the vehicle until proof of current registration is obtained, or it may issue a notice to appear, which institutes a criminal action for the registration violation. (§ 40500.) When it employs the second alternative, CHP may no longer require proof of current registration as a condition precedent to release of the vehicle. The superior court agreed with Spilman’s interpretation, stating that “[t]he clear meaning of ‘in lieu’ is ‘instead’ or ‘in place of. [It] suggests that one possible choice is the alternate of the other possible choice.”