ILNews

Court: No public intox in private driveway

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a defendant's convictions of public intoxication and carrying a handgun without a license because there wasn't enough evidence to prove either charge.

In Cahisa Jones v. State of Indiana, No. 49A02-0708-CR-658, police responded to a call about suspicious activity at a location in Indianapolis. When the officers arrived, they saw a car parked in a private driveway behind a vacant house. Inside, Jones was lying in the front passenger seat with empty whiskey bottles and beer cans around her. In the backseat, there was a handgun on top of a pile of clothes. The car belonged to Jones' cousin, who had driven it earlier that day.

Jones was convicted of Class B misdemeanor public intoxication and Class A misdemeanor carrying a handgun without a license. On appeal, Jones claimed there wasn't enough evidence to convict her on either charge.

The Court of Appeals agreed with Jones and reversed both of her convictions. Judge Michael Barnes wrote that caselaw has held that intoxicated people in private cars may be charged with public intoxication when the person is a passenger in a car stopped by police on a public road, seen on a public road before pulling into a parking lot, or inside a car pulled over on the shoulder of a highway.

The appellate court has refused to uphold a conviction of public intoxication for defendants in a private car in a private driveway, because it's impossible to determine whether the person drove on a public street in order to get to the driveway. Since Jones was on a private driveway, there is insufficient evidence to uphold her public intoxication conviction, he wrote.

The Court of Appeals also cited insufficient evidence as the reason to overturn Jones' conviction of carrying a handgun without a license. The issue is whether Jones constructively possessed it, but there isn't enough evidence to show that is the case. Jones was unaware of the gun, denied it was her gun, and made no incriminating statements, therefore, her conviction should be overturned, Judge Barnes wrote.

In a footnote, Judge Barnes discussed Indiana Code Section 7.1-5-1-3, which defines a person must "be in a public place or a place of public resort in a state of intoxication..." to be charged. He wrote instead of criminalizing people who choose to be passengers in a private vehicle instead of driving, it would be better public policy to encourage people who are intoxicated to ride in a private vehicle without fear of being prosecuted for a crime.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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