ILNews

Judges uphold OWI conviction

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were impaired in order to get a conviction of operating a vehicle while intoxicated.

In Jeffery S. Curtis v. State of Indiana, No. 20A03-1002-CR-110, Jeffery Curtis appealed his Class C misdemeanor conviction of operating a vehicle while intoxicated. He was pulled over after taking a turn too wide and failed several field sobriety tests. He smelled of marijuana and blew a 0.0 into the portable breath test. Curtis told the officer he was diabetic and needed some sugar. Curtis declined medical attention and was able to eat and drink at the police station.

Curtis refused to submit to a blood draw and was charged with the offense.

Curtis argued that Indiana Code Section 9-13-2-86 requires that in order for the state to prove a driver is intoxicated, the driver must be under the influence of one of the listed substances and the driver’s actions, thoughts, and normal control of faculties must be impaired. Curtis claimed the tests administered established that only his actions were impaired, but the statute requires showing his thoughts, actions, and normal control of his faculties were impaired.

Although it’s the court’s policy to regard “and” and “or” as used in statutes as being strictly of a conjunctive and disjunctive nature, Prewitt v. State, 878 N.E.2d 184 (Ind. 2007), allows for exceptions, noted Judge Ezra Friedlander. In Prewitt, the high court reasoned that appellate courts are “at liberty to make minor substitutions of words where necessary to give vitality to the legislative intent.”

“We are not often confronted with a situation where application of this ‘widely-accepted rule of statutory construction’ cited with approval in Prewitt is warranted. This is such a case, however, and we apply it here,” wrote Judge Friedlander.

The purpose of the statute is public safety and a person who is unable to control his physical movements poses a considerable danger to others when driving, even though he may be able to carry on a lucid conversation or count backward from 20.

“The plain fact is that impairment of any of the three abilities necessary for the safe operation of a vehicle renders the operation of a vehicle dangerous,” he wrote.

The judges affirmed Curtis’ conviction, finding sufficient evidence to support it.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT