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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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