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Court reverses woman’s driving while suspended conviction

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Because a woman’s conviction for driving while suspended was based in part on trial court speculation that she had driven farther than was necessary to put herself out of harm’s way, the Indiana Court of Appeals reversed the conviction.

Charrise Belton was in her boyfriend’s vehicle, which was parked outside of an Indianapolis home in an area of the city unfamiliar to her. When he came out, she could tell he was under the influence of a drug and was angry. He started yelling at her and she feared he might assault her as he had done twice in the past. When he got out of the car again, she moved to the driver’s seat and drove toward a part of town where her relatives lived.

Approximately a half mile later, she was pulled over by police on the belief the registration for the car was expired. She admitted to driving on a suspended license, explained the situation, and the officer gave her a summons.

Belton was charged with and convicted of Class A misdemeanor driving while suspended. Belton doesn’t dispute that she drove on a suspended license but argued she did so out of manifest necessity.

The Court of Appeals found the state didn’t present sufficient evidence to dispute her necessity defense. The judge questioned at what point does the necessity to leave end and how far must she drive to be out of harm’s way. The judge wondered if Belton could have found a gas station or some other place to stop before one-half mile, but no evidence was presented that those were options.

“Our review of the record demonstrates that the trial court’s determination that the circumstances had abated to a point where it was no longer necessary for Belton to drive in the instant matter are not based upon evidence presented by the State to negate Belton’s necessity defense but rather on the trial court’s speculation that Belton had driven further than necessary, i.e., past a safe location where she could have stopped and called police,” Judge Cale Bradford wrote in Charrise Belton v. State of Indiana, 49A04-1310-CR-487.

 

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  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.

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