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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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