COA divided on dismissal of OWI charges

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The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.

Police saw a Lexus in a ditch on the side of the road and Richard Laker hitching the car to the back of a Massey Ferguson farm tractor. Laker told police that a friend wrecked the car and asked Laker to tow it out. Laker didn’t have a driver’s license, his driving privileges had been suspended, and he blew a 0.10 on a chemical breath test.

The state charged him with four counts: Count I alleged he unlawfully, knowingly or intentionally operated a motor vehicle while driving privileges were suspended; Count II alleged he unlawfully operated a vehicle with a blood alcohol concentration equivalent to at least 0.08; Count III alleged he operated a vehicle while intoxicated; and Count IV alleged he had a prior OWI conviction. None of the charges specified whether it was the tractor or the Lexus that he allegedly illegally operated. The probable cause affidavit described the subject vehicle as the tractor.

Laker moved to dismiss the charges, which the trial court granted.

The appellate judges agreed in State of Indiana v. Richard J. Laker, Jr., No. 24A04-0912-CR-736, that Count I should have been dismissed. The charging information for that count didn’t specify what vehicle he allegedly operated, and Laker couldn’t prepare a proper defense without that knowledge.

“That Laker moved to dismiss this charge on the ground a farm tractor was not a ‘motor vehicle’ and because he was prohibited from operating while suspended demonstrates the information did not ‘specify the facts and circumstances which inform the accused of the particular offense coming under the general description with which he is charged,’” wrote Judge Melissa May in the majority opinion.

Finding that the charging information for the other counts were virtually identically in structure to Count I, the majority found them to also be deficient.

Judge Nancy Vaidik dissented on the dismissal of Counts II, III, and IV. She noted that the Indiana Supreme Court has indicated that even where a charging information may lack appropriate factual detail, additional materials such as a probable cause affidavit supporting the charging instrument may be taken into account in determining whether a defendant has been apprised of the charges against him. She found the state’s pleading materials on the whole, which include the probable cause affidavit and summons ticket that describe the subject vehicle as the tractor, sufficiently apprised Laker of the state’s charges.

“I agree with the majority that, given the unique circumstances alleged in this case, identifying the vehicle in the charging instrument would have been ideal. I would conclude, however, as the trial court impliedly did in its ruling, that the probable cause affidavit and summons tickets cure any purported omission and clarify that the State’s charges are premised on Laker’s farm tractor,” she wrote.

Since a farm tractor isn’t excluded from the definition of “vehicle” for purposes of OWI, she wrote she would find those counts are sustainable and the trial court erred by dismissing them.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues