Court upholds drunk ATV driver ruling

Jennifer Nelson
January 1, 2007
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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.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...