State v. Young

[¶ 16.] I respectfully dissent. SDCL 32-22-55 and SDCL 32-22-56, when construed together, double the ordinary statutory penalty for various types of an overweight vehicle. As such I would reverse the circuit court.

[¶ 17.] This is a case of statutory construction. Statutory intent must be construed from the statute as a whole as well as other statutes relating to the same subject. US West Communications v. PUC, 505 N.W.2d 115, 123 (S.D.1993). In reviewing SDCL chapter 32-22, it is clear that the intent of the Legislature is to reduce damage to the highways of South Dakota. “The evil sought to…