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Appellate court rules statute not unconstitutional

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The presumption found in Indiana Code Section 9-30-10-16, which governs driving while privileges are suspended, isn't unconstitutional because it doesn't shift the burden of proof from the state, the Indiana Court of Appeals ruled today.

Even though Jacob Donaldson waived his appeal of the constitutionality of the statute in Jacob A. Donaldson v. State of Indiana, No. 71A03-0811-CR-564, the appellate court still addressed the issue in Donaldson's appeal of his conviction of operating a motor vehicle while privileges are suspended as a Class A misdemeanor.

Over the course of nearly six months, Donaldson received driving suspension notices for various reasons with various suspension dates. He also received a notice of reinstatement during that time, but the notice didn't specify any of Donaldson's suspensions. He was pulled over for speeding and charged with operating a motor vehicle while suspended as a habitual offender, a Class D felony.

During a bench trial, a habitual traffic violator packet was admitted over Donaldson's objection. The trial court also rejected his argument he was confused by all the notices and concluded a reasonable person could have contacted the Bureau of Motor Vehicles to figure out the status of his driving privileges. At his sentencing hearing, his conviction was reduced to the Class A misdemeanor.

On appeal, Donaldson argued I.C. Section 9-30-10-16(b) is unconstitutional because it mandates a presumption of knowledge of suspension if the state can show the BMV mailed notice of the suspension to the defendant's last known address. Despite the waiver, the appellate court addressed his argument and found the statute isn't unconstitutional. The Court of Appeals cited Thompson v. State, 646 N.E.2d 687 (Ind. Ct. App. 1995), and Chilcutt v. State, 544 N.E.2d 856 (Ind. Ct. App. 1989), to support its finding that the presumption in the statute at issue is permissive and not mandatory.

"In light of our decisions in Chilcutt and Thompson, the statute must be read to declare that, upon proof of one fact, service of the suspension by first class mail at the defendant's last shown address, the defendant's knowledge of the suspension may be presumed or inferred, but this presumption can be rebutted," wrote Judge Patricia Riley.

The Court of Appeals also affirmed the admittance of the HTV packet because it wasn't purported to be a complete copy of Donaldson's driving record but was just a copy of the record requested by the state. The state only requested the HTV packet and that was admitted, wrote Judge Riley.

There is also sufficient evidence to support Donaldson's convictions because the state proved beyond a reasonable doubt he knew his driving privileges were suspended.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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