ILNews

Driver's appeal based on misinterpretation of previous COA decision

Back to TopCommentsE-mailPrintBookmark and Share

A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.

In Latoyia Billingsley v. State of Indiana, No. 02A03-1107-CR-301, police stopped Latoyia Billingsley when she disregarded a traffic signal in January 2011. She produced an altered Illinois license and when questioned by the officer who initiated the traffic stop, admitted that she knew her Indiana driver’s license had been suspended indefinitely in June 2010. The officer issued two citations – one for driving while suspended within 10 years of a similar prior infraction and the other for disregarding an automatic signal. The vehicle was impounded and Billingsley was allowed to leave.

At a bench trial in June 2011, the state admitted into evidence Billingsley’s driving record, which indicated that her driver’s license had been suspended indefinitely since June 11, 2010, stemming from her failure to appear in a vehicular offense. The driving record noted that her license had been suspended five other times, and she had been convicted of driving while suspended in 2007.

Citing Trotter v. State, 838 N.E.2d 553, 560 (Ind. Ct. App. 2005), Billingsley argued she should be charged only with an infraction, not a misdemeanor. But the COA held that the Trotter case does not apply, as in that matter, the driver’s record showed his license had been previously suspended, but not that he had been convicted of driving while suspended. The COA therefore affirmed the trial court in the Billingsley case.



 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. George Grant ripped the mask off of Planned Parenthood in this fantastic read clear back in the 90's. http://www.amazon.com/Grand-Illusions-Legacy-Planned-Parenthood/dp/1581820577 Time has rendered this abortion industry goliath neither kinder nor gentler.

  2. Because one post with all of their names just would not do? https://www.youtube.com/watch?v=EvGJvzwKqg0

  3. Hello Jackie, Please go to 'LILLY BLACK" GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA. I have a post there where i will be requesting a meeting with the Indiana Senators. We all know there is power in numbers. Please say you will go or you can private message me. WE MUST NEVER GIVE UP ON OUR GRANDCHILDREN. WE ARE GETTING CLOSER.We have to stop this EMOTIONAL & MENTAL ABUSE. PLEASE JOIN ME IN THIS IMPORTANT FIGHT! THANK YOU JACKIE

  4. Hello KRISTI PAYNE, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! PLEASE HELP ME BE A VOICE!!! THANK YOU KRISTI PAYNE

  5. Hello Cheryl, Please go to 'LILLY BLACK" & send a friend request into the INDIANA-GRANDPARENTS RIGHTS ADVOCATES NATIONAL DELEGATION of the USA.I have a post there i will be requesting a meeting with the Indiana Senators in October. We all know there is power in numbers, PLEASE say you will go!THIS EMOTIONAL & MENTAL ABUSE OF OUR GRANDCHILDREN HAS TO STOP!!!! WE CAN'T GIVE UP NO MATTER HOW MUCH WE ARE BEATEN DOWN. WE ARE GETTING CLOSER!!!!! THANK YOU CHERYL

ADVERTISEMENT