State of Minnesota v. Jeremiah Allen Brooks ( 2015 )


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  •                         This opinion will be unpublished and
    may not be cited except as provided by
    Minn. Stat. § 480A.08, subd. 3 (2014).
    STATE OF MINNESOTA
    IN COURT OF APPEALS
    A14-1103
    State of Minnesota,
    Respondent,
    vs.
    Jeremiah Allen Brooks,
    Appellant.
    Filed January 26, 2015
    Affirmed
    Johnson, Judge
    McLeod County District Court
    File No. 43-VB-14-394
    Lori Swanson, Attorney General, St. Paul, Minnesota; and
    Marc Sebora, Hutchinson City Attorney, Jody Winters, Assistant City Attorney, Glencoe,
    Minnesota (for respondent)
    Jeremiah Allen Brooks, Hutchinson, Minnesota (pro se appellant)
    Considered and decided by Schellhas, Presiding Judge; Johnson, Judge; and
    Stoneburner, Judge.
    
    Retired judge of the Minnesota Court of Appeals, serving by appointment
    pursuant to Minn. Const. art. VI, § 10.
    UNPUBLISHED OPINION
    JOHNSON, Judge
    Jeremiah Allen Brooks was cited for driving without a seat belt and was found
    guilty after a court trial. We affirm.
    FACTS
    During the evening of February 19, 2014, Hutchinson Police Officer Jake Owen
    Snyder observed Brooks driving a vehicle with a burned-out headlight while not wearing
    a seat belt. Officer Snyder issued Brooks a citation for the petty-misdemeanor offense of
    not wearing a seat belt, in violation of 
    Minn. Stat. § 169.686
    , subd. 1(a) (2014); see also
    
    Minn. Stat. § 169.89
    , subd. 1 (2014). Brooks requested a court trial. See 
    Minn. Stat. § 169.89
    , subd. 2 (2014). Officer Snyder testified for the state. Brooks apparently did
    not testify.1 The district court found Brooks guilty and imposed a fine of $110.2 Brooks
    appeals.
    1
    Brooks did not order a transcript of the trial. In any appeal, the appellant is
    required to order transcripts of any essential proceedings. Minn. R. Civ. App. P. 110.02,
    subd. 1(a). Because Brooks failed to provide this court with a transcript of the trial, we
    are unable to review the evidence that was presented at trial and, thus, unable to review
    any argument that necessarily is based on the evidence presented at trial. See State v.
    Anderson, 
    351 N.W.2d 1
    , 2 (Minn. 1984); State v. Mogler, 
    719 N.W.2d 201
    , 210 (Minn.
    App. 2006); State v. Heithecker, 
    395 N.W.2d 382
    , 383 (Minn. App. 1986).
    2
    The district court did not make written findings of the essential facts of the case
    within seven days of the notice of appeal, as required in petty-misdemeanor cases. See
    Minn. R. Crim. P. 26.01, subd. 2(c). But “an appealing misdemeanant must expressly
    advise the trial judge of the need to provide a full set of written factual findings,” State v.
    Oanes, 
    543 N.W.2d 658
    , 663 (Minn. App. 1996), and the record does not reveal whether
    Brooks prompted the district court to make written findings. Because Brooks did not
    order a trial transcript, we are unable to attempt to glean any findings from the district
    court’s oral statements. See State v. Scarver, 
    458 N.W.2d 167
    , 168 (Minn. App. 1990).
    2
    DECISION
    I.
    Brooks first argues that the district court erred by finding him guilty because his
    conduct on the evening of February 19, 2014, was not within the scope of the seat-belt
    statute. He contends that the term “driver,” as used in the seat-belt statute, means a
    person who is employed as a driver and, thus, does not include a person who is not
    driving within the scope of his or her employment. He further contends that he was
    driving for personal reasons on the evening of February 19, 2014, and, thus, was not
    driving within the scope of his employment.
    This argument is inconsistent with the plain language of the statute. In general, “a
    properly adjusted and fastened seat belt, including both the shoulder and lap belt when
    the vehicle is so equipped, shall be worn by the driver and passengers of a passenger
    vehicle.” 
    Minn. Stat. § 169.686
    , subd. 1(a). For purposes of chapter 169, the term
    “driver” is defined to mean “every person who drives or is in actual physical control of a
    vehicle.” 
    Minn. Stat. § 169.011
    , subd. 1, 24 (2014). The statute does not contain any
    exceptions for drivers who are driving for personal reasons that are outside the scope of
    their employment. Thus, the district court did not err by applying the seat-belt statute to
    Brooks for driving a vehicle on the evening of February 19, 2014.
    Nonetheless, Brooks has not argued that the district court erred by failing to make
    findings, and we can resolve Brooks’s appellate arguments without factual findings.
    3
    II.
    Brooks also argues that the district court’s application of the seat-belt statute
    violates his right to interstate travel, as guaranteed by the United States Constitution.3
    “The right to interstate travel is a fundamental right recognized by the United
    States Constitution.” Schatz v. Interfaith Care Ctr., 
    811 N.W.2d 643
    , 654 (Minn. 2012)
    (citing Mitchell v. Steffen, 
    504 N.W.2d 198
    , 200 (Minn. 1993)). “The right to interstate
    travel is burdened when a statute ‘actually deters such travel, when impeding travel is its
    primary objective, or when it uses any classification which serves to penalize the exercise
    of that right.’” 
    Id.
     (quoting Mitchell, 504 N.W.2d at 200 (citing Attorney Gen. of N.Y. v.
    Soto-Lopez, 
    476 U.S. 898
    , 903, 
    106 S. Ct. 2317
    , 2321 (1986))). In considering a claim
    based on the federal constitutional right to interstate travel, a court should ask “whether
    the right to travel has been so burdened by the challenged statute that the statute’s
    classification requires strict scrutiny rather than minimal rational basis analysis because,
    in reality, right to travel analysis refers to little more than a particular application of equal
    protection analysis.” 
    Id.
     (quotations omitted).
    Brooks has not demonstrated that the seat-belt statute imposes a burden on his
    federal constitutional right to interstate travel. The statute does not, by its terms, regulate
    interstate travel; it merely requires a person driving a motor vehicle within Minnesota to
    wear “a properly adjusted and fastened seat belt, including both the shoulder and lap belt
    when the vehicle is so equipped.” 
    Minn. Stat. § 169.686
    , subd. 1(a). Brooks’s appellate
    3
    Brooks does not argue that application of the seat-belt statute violates his right to
    intrastate travel. See State v. Stallman, 
    519 N.W.2d 903
    , 906-07 (Minn. App. 1994).
    4
    brief does not identify any reason why the statute would deter interstate travel. We note
    that Brooks was cited while driving within the city of his residence. Brooks also has not
    identified any reason why the objective of the seat-belt statute is to impede interstate
    travel. In addition, Brooks has not identified any reason why the seat-belt statute uses a
    classification to penalize the right to interstate travel. See Schatz, 811 N.W.2d at 654;
    State v. Cuypers, 
    559 N.W.2d 435
    , 437 (Minn. App. 1997). The seat-belt statute imposes
    only a very slight burden on a driver: it requires the driver to pull a seat belt across his or
    her body and buckle it, which usually can be accomplished within a matter of seconds. It
    is highly unlikely that any person would forgo a trip to another state because of the
    requirement to wear a seat belt while driving through Minnesota en route to the other
    state.
    Because the burden imposed by the seat-belt statute is so minimal, if it exists at
    all, Brooks’s challenge can succeed only if he can show that there is no rational basis for
    the statute. Schatz, 811 N.W.2d at 654. A statute satisfies the rational-basis test if it
    “rationally furthers a legitimate state purpose.” Zobel v. Williams, 
    457 U.S. 55
    , 60, 
    102 S. Ct. 2309
    , 2313 (1982). It is rather obvious that the seat-belt statute is rationally related
    to the state’s interest in protecting the health and safety of persons traveling on its roads
    and highways, which is a legitimate interest. See State v. Hershberger, 
    462 N.W.2d 393
    ,
    398 (Minn. 1990).
    Thus, the district court’s application of the seat-belt statute does not violate
    Brooks’s federal constitutional right to interstate travel.
    Affirmed.
    5