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COA: Driving to avoid potholes isn’t enough to stop car

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The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.

In State of Indiana v. Darrell Keck, 67A01-1208-CR-362, the state claimed based on I.C. 9-21-8-2(a) – “all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway” – police had reasonable suspicion to pull over Darrell Keck on a county road in Putnam County after seeing him drive slower than usual and left of center.

Portions of the road are covered in gravel and the officer recalled at least two potholes in the road. The officer stopped Keck after seeing him drive for about a half mile in the center portion of the road. The stop led to charges of Class C misdemeanors operating a vehicle while intoxicated and operating a vehicle with a blood alcohol level of 0.08 or more. Keck filed a motion to suppress, claiming the road conditions were so bad he could not drive safely on the right side of the road. His passenger testified as to the terrible condition of the road.

On appeal, Keck claimed that I.C. 9-21-8-2(b) applies, which allows for someone to drive “as close to practicable on the right-hand curb or edge of the roadway” when a person is driving at less than the normal speed of traffic at the time and place under conditions then existing.

“There was evidence before the trial court to support a conclusion subsection (b) applies and Keck was not in violation,” Judge Melissa May wrote, pointing to the officer’s testimony and the testimony of the passenger.
 

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  • Good Job
    Congratulations to Judge Melissa May for getting it right. I live in Marshall County and I always drive in the middle of most county roads,because most county roads are bad. I move to the right when I see uncoming traffic and when I approach a blind hill.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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