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Deputy’s lack of certification not an issue in suspension of license

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A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.

Brandon Schulze was taken to jail and lost his license after he told Shelby County Sheriff’s Deputy Ian Michael he would not take the chemical test.

Schulze then requested a hearing for Judicial Review of Probable Cause on Refusal of Chemical Test for Intoxication during which Michael testified he was not certified to operate the chemical testing machine at the local jail.

Using that admission, Schulze was able to convince the Shelby Superior Court that his driving privileges should be reinstated because the arresting officer could not perform the chemical test himself.

However, the Indiana Court of Appeals reversed, finding the trial court erred in reinstating Schulze’s driving privileges in State of Indiana v. Brandon Scott Schulze, 73A01-1311-CR-471.

The panel pointed out that Ind. Code 9-30-6 does not require the arresting officer to be trained on how to administer the chemical test.

“Therefore Deputy Michael’s offer of a chemical test was not illusory simply because he was not qualified to administer such a test,” Judge Melissa May wrote for the court. “If Schulze had agreed to take the test, Deputy Michael could have found another officer at the jail who was certified to give a chemical test or could have transported Schulze to a hospital or other facility for the test. As Schulze refused to submit to a chemical test, there was not reason for Deputy Michael to find a qualified person or take Schulze to a qualified person.”

 
 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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