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Court splits on public intoxication conviction

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The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.

Brenda Moore had been drinking at her sister’s house. A friend wanted a ride, but Moore said she was unable to drive but if the friend had a valid license, he could drive her car. Moore rode with him in the passenger seat and fell asleep when police pulled the car over for a non-working license plate light. The friend didn’t have a valid license and Moore admitted she was too intoxicated to drive the car. She was arrested and charged with public intoxication and later convicted.

The issue that split the appellate court in Brenda Moore v. State of Indiana, No. 49A04-1001-CR-46, was whether there was sufficient evidence to support Moore’s conviction as defined in Indiana Code Section 7.1-5-1-3, which defines public intoxication as “being in a public place or a place of public resort in a state of intoxication caused by … use of alcohol.”

The judges relied on Miles v. State, 247 Ind. 423, 425 216 N.E.2d 847, 849 (1966), in which the Indiana Supreme Court held a man who was slumped over his steering wheel in his running tractor-trailer cab parked on the side of the highway was in a public place for purposes of the public intoxication statute.

The majority found the differences between Miles and the instant case to be significant and didn’t believe Miles compels the result that Moore was in a public place. The majority of cases following Miles have had intoxicated people in parked or stopped cars that were in places accessible to the public, wrote Judge Margret Robb.

“Here, Moore’s vehicle was being driven upon a public road by a sober driver and was causing no danger or impediment to the traveling public. The facts of this case are sufficiently different from the facts of previous cases that we believe neither Miles nor the legislature’s lack of action in the wake thereof are binding upon us,” she wrote.

Judge Robb also wrote that the purpose of the statute is to prevent intoxicated people from bothering or threatening the safety of others and that objective wouldn’t be frustrated by excluding the circumstances of this case from the definition public intoxication. She noted there are times when someone riding in a car could be charged with public intoxication, but under the circumstances of the case, Moore wasn’t intoxicated in a public place within the meaning of the statute.

In her dissent, Judge Nancy Vaidik said as much as she may disagree with criminalizing riding as a passenger in a private vehicle on a public road in a state of intoxication, that it’s up to the legislature to address this.

“Given Miles and the legislature’s lack of response to it, I believe that unless and until our legislature makes changes to Indiana Code section 7.1-5-1-3, Moore was in a public place. I therefore would affirm her conviction for public intoxication,” she wrote.





 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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