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Drunken driving conviction affirmed; lesser included charge vacated

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A Marion Superior Court conviction in a drunken driving case was affirmed Thursday by the Indiana Court of Appeals, but the court ordered a lesser included charge on which the driver was convicted be merged.

The court ruled in Brenda Stutz v. State of Indiana, 49A02-1110-CR-960, that Stutz’s conviction for Class A misdemeanor operating a vehicle with a blood alcohol content of at least 0.15 percent should stand, but remanded the case to the trial court with instructions to vacate a lesser included conviction for Class C misdemeanor operating while intoxicated, holding that the two charges should be merged.

The court noted that the General Assembly amended the state’s drunken driving statutes in 2000, creating Class C misdemeanor violations in which the “endangerment” requirement was removed.

“Clearly, the classification of operating a vehicle with a BAC of at least .15 percent as a class A misdemeanor and that of driving while intoxicated as a class C misdemeanor is evidence that the legislature has determined that the former offense constitutes a greater risk than the latter offense,” Judge Carr Darden wrote in a unanimous opinion.

Stutz cited Sering v. State, 488 N.E.2d 369 (Ind. Ct. App. 1986), in which a defendant appealed his convictions for operating a vehicle with a BAC of .10 percent and operating a vehicle while intoxicated, which at the time were Class A and Class C misdemeanors respectively. That ruling held that the risk of someone operating at a level above .10 percent is greater than that of a driver who is intoxicated to a lesser degree. “This legislative intent is evidenced by the disparate classification of the two offenses,” the court ruled in Sering.

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

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  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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