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Court splits on public intoxication conviction

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The Indiana Court of Appeals split today on whether a woman’s conviction of Class B misdemeanor public intoxication should be reversed because she wasn’t in a public place within the meaning of Indiana Code at the time police stopped her car.

Brenda Moore had been drinking at her sister’s house. A friend wanted a ride, but Moore said she was unable to drive but if the friend had a valid license, he could drive her car. Moore rode with him in the passenger seat and fell asleep when police pulled the car over for a non-working license plate light. The friend didn’t have a valid license and Moore admitted she was too intoxicated to drive the car. She was arrested and charged with public intoxication and later convicted.

The issue that split the appellate court in Brenda Moore v. State of Indiana, No. 49A04-1001-CR-46, was whether there was sufficient evidence to support Moore’s conviction as defined in Indiana Code Section 7.1-5-1-3, which defines public intoxication as “being in a public place or a place of public resort in a state of intoxication caused by … use of alcohol.”

The judges relied on Miles v. State, 247 Ind. 423, 425 216 N.E.2d 847, 849 (1966), in which the Indiana Supreme Court held a man who was slumped over his steering wheel in his running tractor-trailer cab parked on the side of the highway was in a public place for purposes of the public intoxication statute.

The majority found the differences between Miles and the instant case to be significant and didn’t believe Miles compels the result that Moore was in a public place. The majority of cases following Miles have had intoxicated people in parked or stopped cars that were in places accessible to the public, wrote Judge Margret Robb.

“Here, Moore’s vehicle was being driven upon a public road by a sober driver and was causing no danger or impediment to the traveling public. The facts of this case are sufficiently different from the facts of previous cases that we believe neither Miles nor the legislature’s lack of action in the wake thereof are binding upon us,” she wrote.

Judge Robb also wrote that the purpose of the statute is to prevent intoxicated people from bothering or threatening the safety of others and that objective wouldn’t be frustrated by excluding the circumstances of this case from the definition public intoxication. She noted there are times when someone riding in a car could be charged with public intoxication, but under the circumstances of the case, Moore wasn’t intoxicated in a public place within the meaning of the statute.

In her dissent, Judge Nancy Vaidik said as much as she may disagree with criminalizing riding as a passenger in a private vehicle on a public road in a state of intoxication, that it’s up to the legislature to address this.

“Given Miles and the legislature’s lack of response to it, I believe that unless and until our legislature makes changes to Indiana Code section 7.1-5-1-3, Moore was in a public place. I therefore would affirm her conviction for public intoxication,” she wrote.





 

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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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