ILNews

Court: No public intox in private driveway

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals reversed a defendant's convictions of public intoxication and carrying a handgun without a license because there wasn't enough evidence to prove either charge.

In Cahisa Jones v. State of Indiana, No. 49A02-0708-CR-658, police responded to a call about suspicious activity at a location in Indianapolis. When the officers arrived, they saw a car parked in a private driveway behind a vacant house. Inside, Jones was lying in the front passenger seat with empty whiskey bottles and beer cans around her. In the backseat, there was a handgun on top of a pile of clothes. The car belonged to Jones' cousin, who had driven it earlier that day.

Jones was convicted of Class B misdemeanor public intoxication and Class A misdemeanor carrying a handgun without a license. On appeal, Jones claimed there wasn't enough evidence to convict her on either charge.

The Court of Appeals agreed with Jones and reversed both of her convictions. Judge Michael Barnes wrote that caselaw has held that intoxicated people in private cars may be charged with public intoxication when the person is a passenger in a car stopped by police on a public road, seen on a public road before pulling into a parking lot, or inside a car pulled over on the shoulder of a highway.

The appellate court has refused to uphold a conviction of public intoxication for defendants in a private car in a private driveway, because it's impossible to determine whether the person drove on a public street in order to get to the driveway. Since Jones was on a private driveway, there is insufficient evidence to uphold her public intoxication conviction, he wrote.

The Court of Appeals also cited insufficient evidence as the reason to overturn Jones' conviction of carrying a handgun without a license. The issue is whether Jones constructively possessed it, but there isn't enough evidence to show that is the case. Jones was unaware of the gun, denied it was her gun, and made no incriminating statements, therefore, her conviction should be overturned, Judge Barnes wrote.

In a footnote, Judge Barnes discussed Indiana Code Section 7.1-5-1-3, which defines a person must "be in a public place or a place of public resort in a state of intoxication..." to be charged. He wrote instead of criminalizing people who choose to be passengers in a private vehicle instead of driving, it would be better public policy to encourage people who are intoxicated to ride in a private vehicle without fear of being prosecuted for a crime.
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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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