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Change in state statute gets public intoxication conviction overturned

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Although the evidence showed the man was intoxicated in public, the Indiana Court of Appeals overturned his conviction because he was not a threat to public safety.

 The Court of Appeals pointed to Indiana Code 7.1-5-1-3(a) which was amended to define the elements of a Class B misdemeanor public intoxication. Namely, the drunken individual must be either endangering his or her own life or the life of another person; or breaching or about to breach the peace; or harassing, annoying or alarming another person.

In Danny Stephens v. State of Indiana, 49A04-1301-CR-18, the COA reversed the trial court, finding the evidence was insufficient to support Stephens’ conviction for public intoxication since he was not a posing a danger, nor was he being loud or harassing others.  

 “Notably, the General Assembly added these elements to the public intoxication statute in 2012, making it no longer a crime simply to be intoxicated in public,” Judge Terry Crone wrote. “The addition of these elements promotes public policy encouraging inebriated persons to avoid creating dangerous situations by walking, catching a cab, or riding home with a designated driver rather than driving while intoxicated. Because the amendment became effective July 2012, we have little precedent concerning the new language.”

Stephens was arrested for public intoxication after he called Indianapolis Metropolitan Police and asked them to take him to jail. He did not want to return to his home for fear his niece’s boyfriend would harm him.

The Court of Appeals found that Stephens was asking for help when he walked to a public place, called police and told them he was drunk. While he was drunk in a public parking lot, he did not violate the statute by breaching the peace.



 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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