ILNews

Court upholds drunk ATV driver ruling

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A driver of an ATV shouldn't be prosecuted for driving under the influence on his own property because charges were brought under the wrong statute, the Indiana Court of Appeals ruled today.

In State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, the state charged Manuwal with OWI with an alcohol concentration equivalent of at least .15 after he had crashed an ATV he was operating on his own property. Manuwal was injured as a result of the accident and while at the hospital, his blood was drawn to determine his blood-alcohol content.

Manuwal filed a verified petition for a motion to dismiss, challenging the legality of the "arrest, detention, and seizure." The trial court granted his petition on the grounds he operated his ATV on his own private property, away from the public roadway, and his actions didn't impact the public's safety, so he shouldn't be charged for operating while intoxicated. The state appealed.

The state contends the petition should be reversed because the police officer at the scene believed Manuwal committed offenses that would fall under the OWI statutes, Indiana Code 9-30-5-1 and -2, and these statutes don't restrict the offenses to only public thoroughfares.

Chief Judge John Baker, citing State v. Greenwood, wrote that the off-road statute should apply to Manuwal's case because when two statutes with similar subject matter cannot be harmonized, the more detailed statute should prevail. Because there is no requirement for an off-road vehicle driver to have a driver's license to drive on private property, unlike the OWI statute, the court concluded the trial court properly granted the motion to dismiss because he was improperly charged under the OWI statutes.

Judge Nancy Vaidik dissented in a separate opinion, writing that the majority altered the stated issue of the appeal. The original issue was whether the OWI statutes would apply to conduct committed on private property, which I.C. 9-30-5-9 clarifies. It states, "It is not a defense in an action under this chapter that the accused person was operating a vehicle in a place other than on a highway."

Instead, the majority turned the issue into one about prosecutorial direction, Judge Vaidik wrote, which she believed resulted into an incorrect application of the law.

"...The language of Indiana Code chapter 9-30-5 expressly allows for charges of Operating While Intoxicated for driving intoxicated while off-highway, ...I believe that it is clear under our case law that the prosecutor in this case had the discretion to charge Manuwal under either statute. Manuwal was not improperly charged," she wrote.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT