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Appeals court reverses vacation of habitual traffic violator status

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A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.

The state appealed Marion Superior Judge Reuben Hill’s order that vacated Russell Oney’s guilty plea to the Class D felony charge on the grounds that the conviction had been reversed in post-conviction relief proceedings.

In State of Indiana v. Russell Oney 49A05-1204-CR-196, the appellate court agreed with the state’s argument that the court erred in vacating the plea.

Oney pleaded guilty to the HTV charge after he was stopped while driving during a 10-year suspension that had been the result of three drunken-driving convictions between 1986 and 1991. The suspension period set by the Bureau of Motor Vehicles began in February 1994.

In 2010, Oney was granted post-conviction relief from a 1989 drunken-driving conviction in Floyd County that expunged the offense from his record. He then asked the Marion County court to set aside his HTV conviction, which it did.

“The BMV’s determination in 1994 that Oney was an HTV was based on three predicate convictions and did not constitute manifest injustice. Nor did the BMV err, materially or procedurally, when it determined that Oney was an HTV in 1994. As such, when Oney operated a vehicle in 1999, despite his HTV status and resulting conviction, he was flaunting the law, even though one of the predicate convictions to his HTV status was later vacated,” Judge Edward Najam wrote for the unanimous panel.

“As such, we reverse and remand the trial court’s order granting post-conviction relief to Oney, vacating his HTV conviction, and allowing him to withdraw his guilty plea to that offense.”

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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