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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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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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