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Argumentative passenger’s public intoxication conviction reversed

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A passenger in a car that a police officer stopped after seeing an arm and object hanging out of the car window, followed by the sound of shattering glass, was improperly convicted of public intoxication, the Indiana Court of Appeals ruled Monday.

The PI statute was revised in 2012 to require conduct elements along with intoxication for a conviction. The appeals court found former Marion Superior Judge Kimberly Brown erred in convicting Colton Milam of the Class B misdemeanor after a bench trial.

Milam argued with an officer and another passenger after acknowledging to the officer that he and another passenger had been drinking. Milam contended a bottle had been thrown from another vehicle, according to the record, and the officer said Milam profanely told his fellow passenger to tell the truth.

The officer later described Milam as loud, boisterous and uncooperative. He had removed Milam from the car and handcuffed him, contending the passenger was interfering with his investigation.

“Milam concedes that he was intoxicated in a public place. We believe, however, that reversing Milam’s conviction in this case is consistent with the purpose and spirit of the current public intoxication statute,” Judge Michael Barnes wrote for the panel in Colton Milam v. State of Indiana, 49A02-1312-CR-998.
 
“Prior to Milam’s arrest there is no evidence to indicate that Milam endangered his life or the life of another or disturbed the peace. The trial court declined to determine who threw the bottle from the window and found that it was immaterial to the decision,” Barnes wrote.

“Prosecuting and convicting Milam for being intoxicated, in a pulled-over car, while arguing with (the other passenger and officer) does not reach the level of disturbing the peace, harassment, annoyance, or alarm, and therefore does not meet the requirements of the public intoxication statute,” the panel concluded.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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