asked the court to review them on the plane air doctrine because neither was properly preserved but well if this court would go on to review those issues and find the state has conceded their essential then the third issue which is the four thirty one  the first issue we've argued both that john kerry was not guilty beyond a reasonable doubt or alternatively that the restricted driving permit in this case was unconstitutionally vague and that an address each of those in turn as to  beyond a reasonable doubt there's no dispute that john ray had a valid restricted driving permit on a dating question and there's also no dispute that he was operating a vehicle within the days and times allowed by th permit on this traffic stop the dispute in this case centers on whether he was driving in conjunction in conjunction with self employment related duties and within that permitted previous the language in the permit is employment related duties within the listed work hours in radius doesn't set a specific number of miles or anything quite that that definite so john may stopped driving his motorcycle six or eight miles and it you have to get gas sometime for a vehicle if you're operating under a restrictive permit you're driving for self employment the state just says you can only do it if it's incidental to work related duties that's the only time you can get gas a permit doesn't say that  but that's the same argument the states argument it also and miller's conclusion seems to be well there are gas stations in pekin so you have to get gas in the can even now he says he needs a special kind of gas presenting its case in chief it seems that officer miller went over and looked and this is like a year later when he's being tried comes back in this column rebel and says well they only have eighty seventy nine and ninety two that's all i saw not that necessarily didn't have a  and something about combustion burning temperatures and but apparently it does so as to your question about the did they have it in june of two thousand and eleven john the only evidence we have is john ray's testimony that they did because the officer didn't seem to know what they had in june of two thousand and eleven he only testified at his belief that it seems his belief was just speculation based on what he saw a year later regardless even if not or in addition to i guess the getting gas when john recessed money trial was that he was out doing some advertising that day and again it's a tattoo business the advertising seems a little informal you hang some fires the p cards it's word of mouth you know so he does that everywhere he got was mean presumably he would hang fliers at a gas station or you know some tech your business cards to the board maybe pass him out in a bar m that's how he says he ever ties in the state doesn't dispute that that's how he advertises as business the state just disputes that that was what he was doing that day because he didn't mention that officer miller went to stop that he got officer millard in math and the permit in this case you know has additional language on it that says he can drive in a radius is required to soften climate related unis subject to law enforcement verification put some burden on the state to bear life to do something to check on what it was he was doing not just while i was you know i was at work and that went to get some gas last i mean it's a broad it's a very broad term and what what duties were you doing where were you doing none of these questions were asked i is he supposed to know he should elaborate on why was the parrot but it wasn't at my physical place of business you know you're self employed you have a lot you do a lot more things related to your self employment than sitting your place of business  all the responsibility touches on the vagueness argument as well but the permit doesn't limit him to that radius for gas you know maybe at first but his testimony is that he needed to leave peking because stations in pekin didn't carry the type of fuel that his vehicle required but  it was you know well the gas increase was a lot cheaper you know when you're self employed every penny counts you know you're saving money where you can sort of fit part of the self employment is he has to drive can you go to the cheapest yes station  you know within reason within the radius that's required for self employment related duties which is it's really broad how is he supposed to know you know how do we answer that question when the permit doesn't tell him how to stay in pekin or you can only get gas on the shortest route not even just in pekin but if there's one station between your home and your work you can only go there none of these things are in a permit the permits really broad and so how is he supposed to discern that on the face of this permit i think again even if your honour's this to me the permits to beg and maybe that maybe this is a good point to talk about that vagueness you know it asked him to provide a person of ordinary intelligence with a reasonable opportunity to determine whether  enforcement and i think both of those factors fail in this case you know again the state in their argument the kind of read in to this permit some exceptions that really aren't there same well you know you can get gas only if it's incidental to a job related function that's not in the in the permit on you can be can't stop for the specific purpose of getting gas you know prevented from doing that in the permit even if you need high performance gas you can't go six or eight miles away  you know in the states as if there's a closer alternative well the only evidence we have here is that there is not there wasn't a closer alternative on that on that day that the traffic stop again it just leaves too many things open to question you know it seems the state seems they would concede you know if john wayne told the police officer that he had been out buying supplies for his business that day and stopped for gas that would be ok well his testimony was that he was out conducting advertising for his business and he got gas used just at the relevant i mean it's not unreasonable to think he would be doing those activities but regardless i mean if we're talking about vagueness the permit in this case just wasn't specific enough to allow either john r this permit and if it were you know something more narrow were required presumably during the application process those questions could be asked you know john ray could have given out it to the secretary of state about well just how far do you need to travel for these various  and it could be more narrowly define it's wide open here so i would submit a specific mileage specific location or something of that nature to make at i guess so that john ray could have interpreted whether his activity the clock or not and that there wouldn't be an opportunity for arbitrary foresman of the conditions and he generally did what he was supposed to do in this case you know he he had his license suspended for he applied for a restricted driving permit and obtained that permit the one that was issued was fairly broad it was enough to cover his getting gas and or advertising the state failed to prove beyond a reasonable doubt that he was operating outside the scope of that permit on the d question alternatively it's unconstitutionally vague and for both those reasons we've asked this court to reverse outright the conviction if you don't ask it wanting to consider the second and third issues under the clean air doctrine and jury room what's happening jury during deliberations and ranks each the verdict by what happened behind closed doors and so it would be tough to imagine a circumstance where you could ever i guess find a for thirty one be air refueled on your plane if that and i think the court is going to have to answer is really almost as a matter of law does he have the permission to go get gas is that with him what is wired or you can certainly know if you have specialized yes and you know that you have restrictions on what you can do or not do i think you have a bit of a duty to find out where the almost have to find the food the permit has to varied to show that that evidence that offended it was me incapable of knowing what he was required to do but if you accept that this sometimes you have the intent to do something but don't get the job done you know some russians i do i do not know i did and this is a unique set of circumstances as far as my experience with these cases go i mean i c go there that's it this as much as damage to it doesn't mean you you're working with your god yes yes and you know it was sufficient for a jury to find that he was he was with self employment related purposes and in conjunction with oftentimes really purposes there are a lot of things you do when you're self employed you know you have to drive to get your supplies you have to drive to find a place that house or business to advertise your then where you coming from i think that was the question that the officer said he asked are you coming from working and getting gas you know working a life to get gas well there were no follow up questions nothing was done to try and verify was he within the scope of this did he think he was when the within the scope of this would a reasonable person be able to interpret whether they're within the skull no more questions where are you working well are you getting you know this is a really broad language the officer seemed to but the the fact that he didn't volunteer them was held against him right and i would i would go further and say also even to know he should volunteer that information when this is so broad it doesn't you know there's nothing here that says you need to explain more than just i was working and getting gas and i drive my vehicle for work it needs gas i would submit the proof fell short and it wasn't th himself not guilty but the state's burden to prove that he did violate this the restrictions in this permit and to prove that beyond a reasonable doubt and if you're honest that same questions i have about the permit language itself and how this defendant was fit to