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Court rules on farm tractor operation case

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Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.

Those holdings come with today’s ruling in State of Indiana v. Richard J. Laker, Jr. , No. 24A04-0912-CR-736, out of Franklin Circuit Court. Police spotted a white Lexus in a ditch off to the side of the road in Franklin County in 2008, and an officer dispatched to investigate found Edinburgh resident Richard Laker at the scene hitching the car up to the back of a Massey Ferguson farm tractor. The man told police that a friend had wrecked the car and asked him to tow it out of the ditch, and the officer learned that Laker had a suspended driver’s license and also appeared to be intoxicated; a blood test later indicated the man’s blood alcohol content was .10. Laker was arrested.

In a probable cause affidavit attached to the charging information, the officer described the vehicle as the red Massey Ferguson tractor and also referred to that tractor in two information and summons tickets. Laker moved to dismiss the charges based on them being predicated on his operation of the farm tractor, and Circuit Judge Clay Kellerman dismissed all the counts on the grounds that they couldn’t serve as the basis for any of the alleged offenses.

On appeal, the panel affirmed the trial judge on the dismissal of the driving while suspended count because Indiana Code section 9-13-2-105 provides that the term “motor vehicle” “does not include a farm tractor.”

But the panel disagreed on the OWI-specific count, since I.C. § 9-13-2-196 specifics that a “vehicle” is any “device for transportation by land or air” and “in, upon or by which a person or property is or may be transported or drawn upon a highway.” No farm tractor exemption is detailed in the statute, the court found, stating that only an electric personal assistive mobility device is exempt. The panel also cited State v. Manuwal, 904 N.E.2d 657 (Ind. 2009) that held OWI statutes apply to the operation of all-terrain vehicles.

The appellate panel remanded that latter issue to the trial court.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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