ILNews

Judge argues state must prove actual endangerment

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the possibility of it.

Gregory E. Staten challenged his conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person and the finding he committed a Class C infraction failing to obey a stop sign. He was also convicted of Class A misdemeanor operating a vehicle with a blood alcohol content of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated, but those two convictions were later tossed out.

Indiana State Trooper Joshua Greer saw Staten drive his car left of center and through a 3-way stop sign on a school access road. Staten failed field sobriety tests and consented to a chemical test, which showed a BAC of 0.15 percent.

In Gregory E. Staten v. State of Indiana, No. 87A04-1005-CR-393, the three judges vacated the Class C traffic infraction and $5 fine, noting the state conceded that as charged, the evidence was insufficient to prove Staten committed the infraction.

The majority upheld his remaining conviction over Staten’s arguments that the BAC test results were inadmissible because the traffic stop was illegal. The state conceded Staten didn’t violate I.C. Section 9-21-8-32 because the stop sign wasn’t at an entrance to a through highway, but claimed the traffic stop was legal pursuant to I.C. Section 9-21-4-11 because the Indiana Department of Transportation erected the 3-way stop sign there. As a result, the state claimed he violated I.C. Section 9-21-4-18 which says a person must obey signs posted under this chapter.

Judges Cale Bradford and James Kirsch found there was sufficient evidence to determine Staten committed a traffic violation under I.C. Section 9-21-4-18, giving Greer the legal right to stop Staten’s car.

The majority held that the state must prove that Staten was operating his car in a manner that could have endangered anyone, including himself. Greer testified that he saw Staten drive left of center and drive through the stop sign. This is sufficient to support his conviction.

Judge Crone dissented regarding Staten’s Class A misdemeanor OWI endangering a person conviction. There’s no evidence that the DOT erected the stop sign at the intersection, as required by I.C. 9-21-4-11, or whether the access road was open to the public and used for vehicular travel. The traffic stop was invalid, Judge Crone concluded, so his OWI conviction should be vacated.

In addition, Judge Crone said there isn’t sufficient evidence supporting that Staten drove his car in a way that endangered someone.

“With all due respect to my colleagues and the public policy concerns expressed in cases like Outlaw, Krohn, and Staley, I believe that the plain language of the statute requires the State to prove that a defendant operated his vehicle in a manner that actually endangered a person,” he wrote.

In this case, Judge Crone would vacate this conviction and order Staten’s Class A misdemeanor operating a vehicle with a BAC of 0.15 or more be reinstated if not for the invalid traffic stop.  
 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

ADVERTISEMENT